GUARDIANSHIP OF ADULTS ACT 2016 (NO 15 OF 2016) - SECT 23 Consent decisions about health care action

GUARDIANSHIP OF ADULTS ACT 2016 (NO 15 OF 2016) - SECT 23

    (1)     If the matters for which a guardian has authority under the guardianship order include health care actions then, subject to sections 41 and 42 of the Advance Personal Planning Act , the guardian can make consent decisions about those health care actions for the represented adult.

Note for subsection (1)

Under section 39A of the Advance Personal Planning Act, the fact that the guardian has authority to make consent decisions about health care action is prima facie evidence that the adult has impaired decision-making capacity for the health care action.

    (2)     However, a guardian cannot make a consent decision about health care action for restricted health care for the represented adult.

Note for section 23

Part 4 of the Advance Personal Planning Act governs the giving of consent for health care action for an adult who has impaired decision-making capacity, including represented adults. Depending on the circumstances, a consent decision might be made:

(a)     by the adult themselves by way of an advance consent decision (see section 41 of the Advance Personal Planning Act); or

(b)     by a guardian or by a decision maker appointed under the Advance Personal Planning Act (see section 42 of the Advance Personal Planning Act); or

(c)     by the Local Court (see section 44 of the Advance Personal Planning Act); or

(d)     by a person with a right to do so under another law (see section 44A of the Advance Personal Planning Act).

If health care action needs to be taken, and there is no advance consent decision and no guardian or decision maker with authority to make a consent decision, the guardian may apply to the Local Court under the Advance Personal Planning Act for the Local Court to make the consent decision.