39Persons authorized to consent to medical or dental treatment

### 39 Persons authorized to consent to medical or dental treatment > > (1)  [*\[Section 39 Subsection (1) amended by No. 18 of 2021, s. 136, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS136@Hpa@EN) Consent to the carrying out of medical or dental treatment on a person to whom this Part applies may be given by the Tribunal or, if the medical treatment or dental treatment is not special treatment, by the person responsible for that person. > > > (2)  [*\[Section 39 Subsection (2) amended by No. 21 of 2023, s. 37, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS37@EN) [*\[Section 39 Subsection (2) amended by No. 18 of 2021, s. 136, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS136@Hpb@EN) The guardian for a person to whom this Part applies may also consent to the carrying out of, or continuing, special treatment if the Tribunal has previously given consent to the carrying out of, or continuing, that treatment and has authorized the guardian to give consent to the continuation of that treatment or to further treatment of a similar nature. > > > (3)  Where a consent to medical or dental treatment has been given by a person who is not authorized to give that consent under this section, the consent may be taken as valid if the person providing the medical or dental treatment did not know that the person giving the consent was not authorized to do so or reasonably believed that the person giving the consent was authorized to do so.