QLDIn ForceAct
Powers of Attorney Act 1998
sec.38Act’s relationship with Mental Health Act
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### sec.38 Act’s relationship with Mental Health Act
For an involuntary patient under the Mental Health Act 2016 who has given a direction about the person’s health care or special health care, whether by giving a direction in an advance health directive or otherwise, an interpretation of that Act that is consistent with this Act and the direction is to be preferred to any other meaning.
However, the Mental Health Act 2016 prevails in the case of inconsistency.
s 38 amd 2000 No. 16 s 590 sch 1 pt 2 ; 2016 No. 5 s 916
(sec.38-ssec.1) For an involuntary patient under the Mental Health Act 2016 who has given a direction about the person’s health care or special health care, whether by giving a direction in an advance health directive or otherwise, an interpretation of that Act that is consistent with this Act and the direction is to be preferred to any other meaning.
(sec.38-ssec.2) However, the Mental Health Act 2016 prevails in the case of inconsistency.