Powers of Attorney Act 1998

For a health matter, an adult’s statutory health attorney is the first, in listed order, of the following people who is readily available and culturally appropriate to exercise power for the matter—

a person who is 18 years or more and who is a spouse of the adult if the relationship between the adult and the spouse is close and continuing;

a person who is 18 years or more and who has the care of the adult and is not—

a paid carer for the adult; or

a health provider for the adult; or

a service provider for a residential service where the adult is a resident;

a person who is 18 years or more and who is a close friend or relation of the adult and is not—

a paid carer for the adult; or

a health provider for the adult; or

a service provider for a residential service where the adult is a resident.

If no-one listed in subsection (1) is readily available and culturally appropriate to exercise power for a matter, the public guardian is the adult’s statutory health attorney for the matter.

Without limiting who is a person who has the care of the adult, for this section, a person has the care of an adult if the person—

provides domestic services and support to the adult; or

arranges for the adult to be provided with domestic services and support.

If an adult resides in an institution (for example, a hospital, nursing home, group home, boarding-house or hostel) at which the adult is cared for by another person, the adult—

is not, merely because of this fact, to be regarded as being in the care of the other person; and

remains in the care of the person in whose care the adult was immediately before residing in the institution.

For subsection (1)(c), a relation of the adult is a person, other than a person mentioned in subsection (1)(a) or (b)—

who has a close personal relationship with the adult and a personal interest in the adult’s welfare; and

who—

is related to the adult by blood, spousal relationship, adoption or a foster relationship; or

for an Aboriginal person—is a person who, under Aboriginal tradition, is regarded as a relative of the adult; or

for a Torres Strait Islander—is a person who, under Island custom, is regarded as a relative of the adult.