41DAttorney may consent to principal’s participation in

41D Attorney may consent to principal’s participation in medical research (2) An attorney authorised under a medical research power of attorney for a principal may consent to the principal participating in medical research only if— (a) the research is approved; and (b) the principal is not likely to regain decision-making capacity before the latest time that the principal may meaningfully participate in the research; and Note An independent doctor must assess the likelihood of a principal regaining decision–making capacity within the time mentioned (see s 41F).

(c) the attorney is satisfied on reasonable grounds that— (i) the research relates to the diagnosis, maintenance or treatment of a condition that the principal has or has had or to which the principal has a significant risk of being exposed; and (ii) the research may result in benefit to the principal or others with the condition; and (iii) the potential benefit to the principal, or others with the condition, of participating in the research outweighs any potential risk or inconvenience to the principal, or any potential adverse impact on the principal’s quality of life; and (iv) participating in the research will not unduly interfere with the principal’s privacy. Note If a principal has made a health direction under the Medical Treatment (Health Directions) Act 2006, when making a decision under this section, the attorney must comply with— (a) if the health direction is consistent with the power of attorney—the health direction; and (b) if the health direction is inconsistent with the power of attorney— the document that was made most recently (see Medical Treatment (Health Directions) Act 2006, s 19). (3) If an attorney makes an application, the ACAT must give an opinion or advice to assist the attorney to decide whether to give consent under subsection (2).