36Application of Part 6

36 Application of Part 6

(1)  [Section 36 Subsection (1) substituted by No. 21 of 2023, s. 36, Applied:01 Sep 2024] This Part applies to a person who –

(a) has impaired decision-making ability in respect of decisions relating to the carrying out of medical or dental treatment on that person; and

(b) is incapable of indicating whether or not the person consents or refuses to consent to the carrying out of that treatment –

whether or not that person is a represented person.

(2)  For the purposes of subsection (1) , a person is incapable of giving consent to the carrying out of medical or dental treatment if the person  –

(a) is incapable of understanding the general nature and effect of the proposed treatment; or

(b) is incapable of indicating whether or not he or she consents or does not consent to the carrying out of the treatment.

(3)  [Section 36 Subsection (3) inserted by No. 15 of 2021, s. 16, Applied:21 Nov 2022] For the purposes of subsection (1) , a person is capable of giving consent to the carrying out of medical or dental treatment if –

(a) the person has given an advance care directive; and

(b) the medical or dental treatment is carried out pursuant to that advance care directive in accordance with a consent given or refused under Part 5A.