59Consent if person is likely to recover within a reasonable time

59 Consent if person is likely to recover within a reasonable time

If a health practitioner proposes to administer medical treatment to a person and the person does not have decision-making capacity in relation to the medical treatment decision but is likely to recover decision-making capacity for that decision within a reasonable time, the health practitioner may only administer the medical treatment before the person recovers decision-making capacity if—

(a) the medical treatment—

(i) is in accordance with any relevant instructional directive; or

(ii) has been consented to by the person's medical treatment decision maker; and

(b) the health practitioner reasonably believes that a further delay in carrying out the medical treatment would result in a significant deterioration of the person's condition.