Declaration about capacity
146 Declaration about capacity
The tribunal may make a declaration about the capacity of an adult, guardian, administrator or attorney for a matter.
The tribunal may do this on its own initiative or on the application of the individual or another interested person.
In deciding whether an individual is capable of communicating decisions in some way, the tribunal must investigate the use of all reasonable ways of facilitating communication, including, for example, symbol boards or signing.
Note—
See definition capacity—schedule 4 (Dictionary).
In this section—
attorney means—
an attorney under a power of attorney; or
an attorney under an advance health directive; or
a statutory health attorney.
power of attorney means—
a general power of attorney made under the Powers of Attorney Act 1998; or
an enduring power of attorney; or
a power of attorney made otherwise than under the Powers of Attorney Act 1998, whether before or after its commencement.
This Act’s bill:Explanatory memorandum
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