Queensland Consolidated Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 42

42 Disagreement about health matter

(1) If there is a disagreement about a health matter for an adult and the disagreement can not be resolved by mediation by the public guardian, the public guardian may exercise power for the health matter.

(2) If the public guardian exercises power under subsection (1) , the public guardian must advise the tribunal in writing of the following details—

(a) the name of the adult;

(b) an outline of the disagreement;

(c) the name of each guardian, attorney or eligible statutory health attorney involved in the disagreement;

(d) the decision made by the public guardian.

(3) In this section—

"attorney" means an attorney under an enduring document or a statutory health attorney.

"disagreement" about a health matter means—

(a) a disagreement between a guardian or attorney for an adult and another person who is a guardian or attorney for the adult about the way power for the health matter should be exercised; or

(b) a disagreement between or among 2 or more eligible statutory health attorneys for an adult about which of them should be the adult’s statutory health attorney or how power for the health matter should be exercised.

"eligible statutory health attorneys" are persons eligible to be an adult’s statutory health attorney under the Powers of Attorney Act 1998 , section 63 (1) (a) , (b) or (c) .