Queensland Consolidated Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 43

43 Acting contrary to general principles or health care principles

(1) If a guardian or attorney for a health matter for an adult—

(a) refuses to make a decision about the health matter for the adult and the refusal is contrary to the general principles or the health care principles; or

(b) makes a decision about the health matter for the adult and the decision is contrary to the general principles or the health care principles;

the public guardian may exercise power for the health matter.

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

(a) the name of the adult;

(b) the name of the guardian or attorney;

(c) a statement as to why the refusal or decision is contrary to the general principles or the health care principles;

(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.