Australian Capital Territory Current Acts

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MENTAL HEALTH ACT 2015 - SECT 30

Effect of advance agreement and advance consent direction on guardian with authority to give consent for treatment, care or support

    (1)     This section applies if—

        (a)     an advance agreement or an advance consent direction is in force in relation to a person; and

        (b)     the person has a guardian under the Guardianship and Management of Property Act 1991

with authority to give consent for medical treatment involving treatment, care or support under this Act.

    (2)     Any power of the guardian to consent to treatment, care or support for the person must be exercised taking into account the advance agreement or advance consent direction.

    (3)     However, the guardian's consent is not required for any treatment, care or support for which consent is provided under the advance consent direction.



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