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Powers of Attorney Act 2006
85Attorney’s health care, medical research or low-risk
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85 Attorney’s health care, medical research or low-risk
research decision not in principal’s interest
(1) In this section:
low-risk research, in relation to a person—see section 41A.
medical research, in relation to a person—see section 41A.
relevant person, in relation to a person who is a principal for a power
of attorney, means—
(a) a health professional who is treating, or has at any time treated,
the principal; or
(b) a person in charge of a health care facility where the principal is
being, or has at any time been, treated.
(2) This section applies if—
(a) an attorney makes a decision in relation to—
(i) the health care of the principal; or
(ii) the principal participating in medical research or low-risk
research; and
(b) a relevant person believes, on reasonable grounds, that the
decision is not in the best interests of the principal.
(3) The relevant person may tell the public advocate about the decision
and explain why the relevant person believes the decision is not in the
best interests of the principal.
Note Giving information to the public advocate honestly and without
recklessness is protected (see Human Rights Commission Act 2005,
s 100A).
Other proceedings and rights Part 7.4