South Australian Consolidated Acts

CONSENT TO MEDICAL TREATMENT AND PALLIATIVE CARE ACT 1995 - SECT 9

9—Exercise of powers under medical power of attorney

        (1)         A medical agent is only entitled to act under a medical power of attorney if—

            (a)         the agent produces a copy of the medical power of attorney for inspection by the medical practitioner responsible for the treatment of the grantor of the power; and

            (b)         the medical agent is not disqualified from acting under the medical power of attorney ¹ ; and

            (c)         the medical agent is of full legal capacity.

        (2)         A medical agent will only be regarded as available to act under a medical power of attorney if—

            (a)         the medical practitioner responsible for the treatment of the grantor of the medical power of attorney is aware of the appointment; and

            (b)         the medical agent is entitled to act under the medical power of attorney; and

            (c)         it is reasonably practicable in the circumstances for the medical practitioner responsible for the grantor's treatment to obtain a decision from the medical agent.

Note—

1         See section 8(5) which disqualifies certain medical agents from acting.