Australian Capital Territory Numbered Acts

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MENTAL HEALTH (TREATMENT AND CARE) AMENDMENT ACT 2004 (NO. 44 OF 2004) - SECT 29

Sections 142 and 143

substitute

142     Relationship with Guardianship and Management of Property Act

    (1)     Despite anything in the Guardianship and Management of Property Act 1991 or an order appointing a guardian, a guardian appointed for a person under that Act—

        (a)     is not entitled to give consent to treatment for mental illness, convulsive therapy or psychiatric surgery; and

        (b)     if the person is subject to a community care order—is not entitled to decide anything for the person contrary to any determinations or decisions made in relation to the person by the care coordinator under the community care order (or any related restriction order).

    (2)     Despite anything in the Guardianship and Management of Property Act 1991 , section 70, the guardianship tribunal—

        (a)     is not entitled to make an order in relation to any consent to treatment for mental illness, convulsive therapy or psychiatric surgery; and

        (b)     is not entitled to make an order in relation to a person contrary to any community care order (or restriction order) made in relation to the person.

143     Relationship with Powers of Attorney Act

Despite anything in the Powers of Attorney Act 1956 or an instrument creating a power of attorney, an attorney of a person appointed under a power of attorney under that Act—

        (a)     is not entitled to give consent to treatment for mental illness, convulsive therapy or psychiatric surgery; and

        (b)     if the person is subject to a community care order—is not entitled to decide anything for the person contrary to any determinations or decisions made in relation to the person by the care coordinator under the community care order (or any related restriction order).



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