Australian Capital Territory Consolidated Acts

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POWERS OF ATTORNEY ACT 2006 - SECT 85

Attorney's health care decision not in principal's interest

    (1)     In this section:

"relevant person", in relation to a person who is a principal for a power of attorney, means—

        (a)     a health professional who is treating, or has at any time treated, the principal; or

        (b)     a person in charge of a health care facility where the principal is being, or has at any time been, treated.

    (2)     This section applies if—

        (a)     an attorney makes a decision in relation to the health care of the principal; and

        (b)     a relevant person believes, on reasonable grounds, that the decision is not in the best interests of the principal.

    (3)     The relevant person may tell the public advocate about the decision and explain why the relevant person believes the decision is not in the best interests of the principal.

Note     Giving information to the public advocate honestly and without recklessness is protected (see Public Advocate Act 2005 , s 15).



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