Guardianship and Administration Act 1995

This Part applies to a person who – has impaired decision-making ability in respect of decisions relating to the carrying out of medical or dental treatment on that person; and is incapable of indicating whether or not the person consents or refuses to consent to the carrying out of that treatment – whether or not that person is a represented person.

For the purposes of subsection (1), a person is incapable of giving consent to the carrying out of medical or dental treatment if the person – is incapable of understanding the general nature and effect of the proposed treatment; or is incapable of indicating whether or not he or she consents or does not consent to the carrying out of the treatment.

For the purposes of subsection (1), a person is capable of giving consent to the carrying out of medical or dental treatment if – the person has given an advance care directive; and the medical or dental treatment is carried out pursuant to that advance care directive in accordance with a consent given or refused under Part 5A.