Medical Treatment Planning and Decisions Act 2016
44Further considerations for declaring an appointment or a revocation invalid
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44 Further considerations for declaring an appointment or a revocation invalid
VCAT must not make an order declaring that an appointment or a revocation of an appointed medical treatment decision maker or a support person is invalid unless VCAT is satisfied that—
(a) the person who made the appointment or revocation did not have decision-making capacity at the time the appointment or revocation was made; or
(b) subject to section 45, at the time the appointment or revocation was made the appointment did not comply with a requirement of this Part; or
(c) a person was induced by dishonesty or undue influence to make the appointment or revocation.