Australian Capital Territory Current Acts

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POWERS OF ATTORNEY ACT 2006 - SECT 46

Conditions on exercise of power in relation to medical treatment—enduring powers of attorney

    (1)     This section applies in relation to an enduring power of attorney if the principal has impaired decision-making capacity.

    (2)     An attorney under the enduring power of attorney must not ask for medical treatment to be withheld or withdrawn from the principal unless—

        (a)     the attorney has consulted a doctor about—

              (i)     the nature of the principal's illness; and

              (ii)     any alternative forms of treatment available to the principal; and

              (iii)     the consequences to the principal of remaining untreated; and

        (b)     the attorney believes, on reasonable grounds, that the principal would ask for the medical treatment to be withheld or withdrawn if the principal—

              (i)     could make a rational judgment; and

              (ii)     were to give serious consideration to the principal's own health and wellbeing.



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