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POWERS OF ATTORNEY ACT 2006 - SECT 41C Attorney may consent to principal's participation in low-risk

POWERS OF ATTORNEY ACT 2006 - SECT 41C

Attorney may consent to principal's participation in low-risk research

    (1)     This section applies in relation to a medical research power of attorney if the principal has impaired decision-making capacity.

    (2)     An attorney authorised under the medical research power of attorney may consent to the principal participating in low-risk research only if the research is approved.

Note     If a principal has made a health direction under the Medical Treatment (Health Directions) Act 2006

, when making a decision under this section, the attorney must comply with—

        (a)     if the health direction is consistent with the power of attorney—the health direction; and

        (b)     if the health direction is inconsistent with the power of attorney—the document that was made most recently (see  Medical Treatment (Health Directions) Act 2006

, s 19).

    (3)     If an attorney makes an application, the ACAT must give an opinion or advice to assist the attorney to decide whether to give consent under subsection (2).