New South Wales Consolidated Acts

GUARDIANSHIP ACT 1987 - SECT 46A

46A Power of guardian to override patient’s objection to treatment when authorised by the Tribunal

(1) The Tribunal may confer on the guardian of a patient to whom this Part applies authority to override the patient’s objection to the carrying out on the patient of major or minor treatment.

(2) The Tribunal may confer such an authority only at the request or with the consent of the guardian and only if it is satisfied that any such objection will be made because of the patient’s lack of understanding of the nature of, or reason for, the treatment.

(3) The Tribunal may at any time:

(a) impose conditions or give directions as to the exercise of such an authority, or

(b) revoke such an authority.

(4) The guardian may exercise such an authority only if satisfied that the proposed treatment is manifestly in the best interests of the patient.