GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 110ZJ
GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 110ZJ
110ZJ . Order of priority of persons who may make treatment decision in relation to patient
(1) Subject to
Subdivision 1 and section 110ZIB, this section applies if a patient is unable
to make reasonable judgments in respect of any treatment proposed to be
provided to the patient.
(2) If the patient has
made an advance health directive containing a treatment decision in respect of
the treatment, whether or not the treatment is provided to the patient must be
decided in accordance with the treatment decision.
(3) If —
(a)
subsection (2) does not apply; and
(b) the
patient has an enduring guardian who —
(i)
is authorised to make a treatment decision in respect of
the treatment; and
(ii)
is reasonably available; and
(iii)
is willing to make a treatment decision in respect of the
treatment,
whether or not the
treatment is provided to the patient must be decided by the enduring guardian.
(4) If —
(a)
subsections (2) and (3) do not apply; and
(b) the
patient has a guardian who —
(i)
is authorised to make a treatment decision in respect of
the treatment; and
(ii)
is reasonably available; and
(iii)
is willing to make a treatment decision in respect of the
treatment,
whether or not the
treatment is provided to the patient must be decided by the guardian.
(5) If —
(a)
subsections (2) to (4) do not apply; and
(b)
there is a person responsible for the patient under section 110ZD,
whether or not the
treatment is provided to the patient must be decided by the person
responsible.
[Section 110ZJ inserted: No. 25 of 2008 s. 11;
amended: No. 20 of 2023 s. 49.]