Queensland Consolidated Acts

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GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 43

43 Acting contrary to health care principle

(1) If a guardian or attorney for a health matter for an adult--

(a) refuses to make a decision about the health matter for the adult and the refusal is contrary to the health care principle; or
(b) makes a decision about the health matter for the adult and the decision is contrary to the health care principle;

the adult guardian may exercise power for the health matter.

(2) If the adult guardian exercises power under this section, the adult guardian must advise the tribunal in writing of the following details--

(a) the name of the adult;
(b) the name of the guardian or attorney;
(c) a statement as to why the refusal or decision is contrary to the health care principle;
(d) the decision made by the adult guardian.

(3) In this section--

attorney means an attorney under an enduring document or a statutory health attorney.



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