Australian Capital Territory Current Acts

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MENTAL HEALTH ACT 2015 - SECT 31

Effect of advance agreement and advance consent direction on attorney with power to deal with health care matters

    (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 an enduring power of attorney under the Powers of Attorney Act 2006

that deals with health care matters under that Act.

    (2)     The advance agreement or advance consent direction may be used by the attorney to work out a person's wishes or needs under the Powers of Attorney Act 2006

, schedule 1, section 1.6 (Participation in decision making).

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

    (4)     However, the attorney'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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