7Appointment and powers of guardians

7 Appointment and powers of guardians (1) This section applies if the ACAT is satisfied that— (a) someone has impaired decision-making ability in relation to a matter relating to the person’s health or welfare; and (b) while the person has the impaired decision-making ability— (i) there is, or is likely to be, a need for a decision in relation to the matter; or (ii) the person is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to the person’s health, welfare or property; and (c) if a guardian is not appointed— (i) the person’s needs will not be met; or (ii) the person’s interests will be significantly adversely affected. Note 1 See s 8C in relation to appointment of a guardian for a child. Note 2 A person’s needs may be met, or the person’s interests protected, under an enduring power of attorney (see Powers of Attorney Act 2006). (2) In considering subsection (1) (c), the ACAT must consider— (a) if support necessary for the protected person to make, participate in and communicate their own decisions were to be provided or facilitated—if it is reasonably likely the person’s— (i) needs would be met; and (ii) interests would be adequately protected; and (b) if it is reasonably likely that the necessary support can be provided or facilitated. (3) The ACAT may, by order, appoint a guardian for the person, with the powers that the ACAT is satisfied are necessary or desirable to make decisions for the person in accordance with the decision-making principles. Note The powers that may be given to a guardian are restricted under s 7B. (4) The powers that may be given to a person’s guardian include the following powers: (a) to decide where, and with whom, the person is to live; (b) to decide what education or training the person is to receive; (c) to decide whether the person is to be allowed to work; (d) if the person is to be allowed to work—to decide the nature of the work, the place of employment and the employer; (e) to give, for the person, a consent required for a medical procedure or other treatment (including medical research or low- risk research but not including a prescribed medical procedure or medical treatment mentioned in paragraph (f)); Note For when a guardian may consent to a person participating in medical research or low-risk research, see pt 2B (Medical research and low-risk research). (f) to give, for the person, a consent required for medical treatment involving treatment, care or support under the Mental Health Act 2015 (other than a prescribed medical procedure); Note For provisions relevant to a guardian with power under this paragraph, see s 70A (Restrictions on consent by guardian to mental health treatment, care or support). (g) to bring or continue legal proceedings for or in the name of the