MEDICAL TREATMENT (HEALTH DIRECTIONS) ACT 2006 - SECT 19 Relationship between health directions and enduring powers of attorney

MEDICAL TREATMENT (HEALTH DIRECTIONS) ACT 2006 - SECT 19

    (1)     This section applies if—

        (a)     a person makes—

              (i)     a health direction; and

              (ii)     an enduring power of attorney under the Powers of Attorney Act 2006

; and

        (b)     the enduring power of attorney deals with a health care matter or a medical research matter.

    (2)     If the health direction is consistent with the enduring power of attorney, an attorney authorised under the enduring power of attorney must comply with the health direction when making a decision about a health care matter or medical research matter.

    (3)     However, if the health direction is inconsistent with the enduring power of attorney, when making a decision about a health care matter or medical research matter, the attorney must comply with—

        (a)     if the health direction was made before the power of attorney—the power of attorney; or

        (b)     if the health direction was made after the power of attorney—the health direction.

    (4)     The ACAT may, on application by an attorney, declare that a health direction is consistent or inconsistent with an enduring power of attorney.

    (5)     In this section:

"attorney"—see the Powers of Attorney Act 2006

, section 6.

"health care matter", for a principal—see the Powers of Attorney Act 2006

, section 12.

"medical research matter", for a principal—see the Powers of Attorney Act 2006

, section 12A.

"principal"—see the Powers of Attorney Act 2006

, section 6.