Guardianship and Management of Property Act 1991
33Guardian may consent to protected person’s
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33 Guardian may consent to protected person’s participation in low-risk research (a) a guardian is appointed for a person (a protected person); and (b) the guardian is given the power to give, for the protected person, a consent required for a medical procedure or other treatment under section 7 (4) (e); and (c) the guardian is considering whether to consent to the protected person participating in low-risk research. (2) A guardian may consent to the protected person participating in low- risk research only if the research is approved. Note A guardian’s power to consent to a protected person participating in low- risk research must be exercised in a way that is consistent with any existing health direction made by the protected person (see Medical Treatment (Health Directions) Act 2006, s 18). (3) If a guardian makes an application, the ACAT must give an opinion or advice to assist the guardian to decide whether to give consent under subsection (2).