ACTS AMENDMENT (CONSENT TO MEDICAL TREATMENT) ACT 2008 (NO. 25 OF 2008) - SECT 13
ACTS AMENDMENT (CONSENT TO MEDICAL TREATMENT) ACT 2008 (NO. 25 OF 2008) - SECT 13
13 . Section 119 replaced
Section 119 is
repealed and the following section is inserted instead —
“
119. Order of priority of enduring
guardian and guardian for matters other than treatment decisions
(1) This section
applies if a person is unable to make reasonable judgments in respect of a
matter relating to his or her person other than treatment proposed to be
provided to the person.
(2) If the person has
an enduring guardian who —
(a) is
authorised to make a decision in respect of the matter; and
(b) is
reasonably available; and
(c) is
willing to make a decision in respect of the matter,
a decision in respect
of the matter must be made by the enduring guardian.
(3) If —
(a)
subsection (2) does not apply; and
(b) the
person has a guardian who —
(i)
is authorised to make a decision in respect of the
matter; and
(ii)
is reasonably available; and
(iii)
is willing to make a decision in respect of the matter,
a decision in respect
of the matter must be made by the guardian.