Australian Capital Territory Consolidated Acts

GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 - SECT 8B

    (1)     This section applies if—

        (a)     a person (the principal ) has made an enduring power of attorney giving power in relation to health care matters; and

        (b)     the principal has become a person with impaired decision-making capacity; and

        (c)     the ACAT appoints a guardian for the principal after the making of the power of attorney; and

        (d)     the ACAT revokes the enduring power of attorney, or part of it.

Note     The ACAT may revoke the enduring power of attorney, or part of it, under the Powers of Attorney Act 2006 , s 75 (2) (c).

    (2)     If the guardian has power to consent to medical treatment for the person, the guardian must consider the terms of the enduring power of attorney before the enduring power of attorney, or part of it, was revoked.