GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 25
Protection if unaware power already exercised by advance health directive
GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 25
Protection if unaware power already exercised by advance health directive
25 Protection if unaware power already exercised by advance health directive
(1) This section applies if—
(a) an adult’s advance health directive
includes a direction about a matter; and
(b) after the advance health
directive is made, but without reference to it, the tribunal gives power for
the matter to a guardian.
(2) The guardian who, without knowing a direction
about the matter is included in an advance health directive, purports to
exercise power for the matter does not incur any liability, either to the
adult or anyone else, because of the direction being included in the advance
health directive.
(3) If—
(a) the guardian purports to exercise power for a
matter; and
(b) without knowing a direction about the matter is included in
an advance health directive, a person acts in reliance on the purported
exercise of power;
the person does not incur any liability, either to the
adult or anyone else, because of the direction being included in the advance
health directive.
(4) In this section—
"know" , a direction about a matter is included in an advance health
directive, includes have reason to believe the matter is dealt with by an
advance health directive.