Protection if unaware power already exercised by advance health directive
25 Protection if unaware power already exercised by advance health directive
This section applies if—
an adult’s advance health directive includes a direction about a matter; and
after the advance health directive is made, but without reference to it, the tribunal gives power for the matter to a guardian.
The guardian who, without knowing a direction about the matter is included in an advance health directive, purports to exercise power for the matter does not incur any liability, either to the adult or anyone else, because of the direction being included in the advance health directive.
If—
the guardian purports to exercise power for a matter; and
without knowing a direction about the matter is included in an advance health directive, a person acts in reliance on the purported exercise of power;
the person does not incur any liability, either to the adult or anyone else, because of the direction being included in the advance health directive.
In this section—
know, a direction about a matter is included in an advance health directive, includes have reason to believe the matter is dealt with by an advance health directive.
This Act’s bill:Explanatory memorandum
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