Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 269

Despite anything in the Powers of Attorney Act 2006

or an instrument creating a power of attorney, an attorney of a person appointed under a power of attorney under that Act—

        (a)     is not entitled to give consent to electroconvulsive therapy or psychiatric surgery; and

        (b)     if the person is subject to a community care order—is not entitled to decide anything for the person contrary to any determinations or decisions made in relation to the person by the care coordinator under the community care order (or any related restriction order).

Note     In certain circumstances an attorney can consent to a person's treatment, care or support for mental illness (see Powers of Attorney Act 2006

, s 46A).