Adult with impaired capacity—order of priority in dealing with health matter
66 Adult with impaired capacity—order of priority in dealing with health matter
If an adult has impaired capacity for a health matter, the matter may only be dealt with under the first of the following subsections to apply.
If the adult has made an advance health directive giving a direction about the matter, the matter may only be dealt with under the direction.
If subsection (2) does not apply and the tribunal has appointed 1 or more guardians for the matter or made an order about the matter, the matter may only be dealt with by the guardian or guardians or under the order.
Note—If, when appointing the guardian or guardians, the tribunal was unaware of the existence of an enduring document giving power for the matter to an attorney, see section 23 (Appointment without knowledge of enduring document), particularly subsection (2).
If subsections (2) and (3) do not apply and the adult has made 1 or more enduring documents appointing 1 or more attorneys for the matter, the matter may only be dealt with by the attorney or attorneys for the matter appointed by the most recent enduring document.
If subsections (2) to (4) do not apply, the matter may only be dealt with by the statutory health attorney.
This section does not apply to a health matter relating to health care that may be carried out without consent under division 1.
This Act’s bill:Explanatory memorandum
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