GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 64 Minor, uncontroversial health care

GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 64

64 Minor, uncontroversial health care

(1) Health care, other than special health care, of an adult may be carried out without consent if the adult’s health provider—

(a) reasonably considers the adult has impaired capacity for the health matter concerned; and

(b) reasonably considers the health care is—

(i) necessary to promote the adult’s health and wellbeing; and

(ii) of the type that will best promote the adult’s health and wellbeing; and

(iii) minor and uncontroversial; and

(c) does not know, and can not reasonably be expected to know, of—

(i) a decision about the health care made by a person who is able to make the decision under this Act or the Powers of Attorney Act 1998 ; or

(ii) any dispute among persons the health provider reasonably considers have a sufficient and continuing interest in the adult about—

(A) the carrying out of the health care; or

(B) the capacity of the adult for the health matter.

Examples of minor and uncontroversial health care mentioned in paragraph (b)(iii)—

• the administration of an antibiotic requiring a prescription

• the administration of a tetanus injection

(2) However, the health care may not be carried out without consent if the health provider knows, or could reasonably be expected to know, the adult objects to the health care.

(3) The health provider must certify in the adult’s clinical records as to the various things enabling the health care to be carried out because of this section.