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).