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POWERS OF ATTORNEY ACT 2006 - SECT 85 Attorney's health care, medical research or low-risk research decision not in

POWERS OF ATTORNEY ACT 2006 - SECT 85

Attorney's health care, medical research or low-risk research decision not in principal's interest

    (1)     In this section:

"low-risk research", in relation to a person—see section 41A.

"medical research", in relation to a person—see section 41A.

"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—

              (i)     the health care of the principal; or

              (ii)     the principal participating in medical research or low-risk research; 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 Human Rights Commission Act 2005

, s 100A).