ACTIn ForceAct
Guardianship and Management of Property Act 1991
8BEffect on guardian or manager of enduring power of
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8B Effect on guardian or manager of enduring power of
attorney in relation to health care
(a) a person (the principal) has made an enduring power of attorney
giving power in relation to health care matters or medical
research matters; and
(b) the principal has become a person with impaired
decision-making capacity; and
(c) the ACAT appoints a guardian for the principal after the making
of the power of attorney; and
(d) the ACAT revokes or suspends the enduring power of attorney,
or part of it.
Note The ACAT may revoke the enduring power of attorney, or part of it,
under s 62 (2) (c), or suspend the enduring power of attorney, or part of
it, under s 62 (2) (d).
(2) If the guardian has power to consent to medical treatment, medical
research or low-risk research for the person, the guardian must
consider the terms of the enduring power of attorney before the
enduring power of attorney, or part of it, was revoked or suspended.
health care matter, for a principal—see the Powers of Attorney
Act 2006, section 12.
medical research matter, for a principal—see the Powers of Attorney
Act 2006, section 12A.