Australian Capital Territory Current Acts Australian Capital Territory Current ActsSchedule 1 General principles for enduring powers of attorney
(see s 44)
1.1 Access to family members and relatives
(1) An individual's wish and need to have access to family members and relatives, and for them to have access to the individual, must be recognised and taken into account.
(2) An individual's wish to involve family members and relatives in decisions affecting the individual's life, property, health and finance must be recognised and taken into account.
An individual with impaired decision-making capacity has an inherent right to respect for the individual's human worth and dignity as an individual.
1.3 Role as a member of society
(1) An individual has a right to be a valued member of society.
(2) Because of this right, it is important to encourage and support the individual to perform social roles valued in society.
1.4 Participation in community life
It is important to encourage and support an individual to live a life in the general community, and to take part in activities enjoyed by the community.
An individual's need and wish to have a reasonable quality of life must be recognised and taken into account.
1.6 Participation in decision making
(1) An individual has a right to take part in decisions affecting the individual's life to the greatest extent practicable.
(2) Without limiting subsection (1), an individual also has a right to take part in decisions affecting the individual's property and finance to the greatest extent practicable.
(3) The right of the individual to make the individual's own decisions must be preserved to the greatest extent practicable.
Examples of preserving individual's right to make own decisions
1 The individual must be given any necessary support, and access to any necessary information, to allow the individual to take part in decisions affecting the individual's life to the greatest extent practicable.
2 To the greatest extent practicable, the individual's views and wishes must be sought and taken into account before exercising power in relation to the individual.
3 Power in relation to the individual must be exercised in the way that is least restrictive of the individual's rights.
(4) If an individual's wishes or needs cannot be expressed by the individual, the person exercising power in relation to the individual must try to work out, as far as possible, from the individual's past actions, what the individual's wishes and needs would be if the individual could express them and take those wishes and needs into account.
(5) However, a person exercising a function in relation to an individual must do so in a way consistent with the individual's proper care and protection.
(6) An individual's views and wishes may be expressed orally, in writing or in another way, including, for example, by conduct.
1.7 Individual taken to be able to make decisions
An individual must not be treated as unable to take part in making a decision only because the individual makes unwise decisions.
1.8 Maintenance of existing supportive relationships
The importance of maintaining an individual's existing supportive relationships must be taken into account.
1.9 Maintenance of environment and values
(1) The importance of maintaining an individual's cultural and linguistic environment, and set of values (including any religious beliefs) must be taken into account.
(2) For an individual who is a member of an Aboriginal community or a Torres Strait Islander, this means the importance of maintaining the individual's Aboriginal or Torres Strait Islander cultural and linguistic environment, and set of values (including Aboriginal tradition or Island custom) must be taken into account.
(3) In this section:
"Aboriginal tradition"—
(a) means the body of traditions, observances, customs and beliefs of Aboriginal people generally, or of a particular community or group of Aboriginal people; and
(b) includes any traditions, observances, customs and beliefs mentioned in paragraph (a) that relate to particular people, areas, objects or relationships.
"Island custom", known in the Torres Strait as Ailan Kastom—
(a) means the body of customs, traditions, observances and beliefs of Torres Strait Islanders generally, or of a particular community or group of Torres Strait Islanders; and
(b) includes any traditions, observances, customs and beliefs mentioned in paragraph (a) that relate to particular people, areas, objects or relationships.
An individual's right to confidentiality of information about the individual must be respected.
1.11 Health care and medical research
(1) An individual is entitled to have decisions about a health care matter or a medical research matter made by an attorney—
(a) in the way least restrictive of the individual's rights and freedom of action; and
(b) only if the exercise of power—
(i) is, in the attorney's opinion, necessary and appropriate to maintain or promote the individual's health and wellbeing; or
(ii) is, in all the circumstances, in the individual's best interests.
(2) An individual's wishes in relation to a health care matter or a medical research matter, and any information provided by the individual's health care provider, must be taken into account when an attorney decides what is appropriate in the exercise of power for a health care matter or a medical research matter.