Australian Capital Territory Numbered Acts

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MEDICAL TREATMENT ACT 1994 (NO. 72 OF 1994) - SECT 13

13. (1) A person who is of sound mind and has attained the age of 18 years (in this Division called the “grantor”) may, by instrument in accordance with Form 2 in the Schedule, confer on another person (in this Division called the “grantee”) the power to consent, subject to the instrument, on behalf of the grantor to the withholding or withdrawal of medical treatment in the event that the grantor becomes incapacitated.

(2) An instrument under subsection (1) is not valid unless—

        (a)     the grantee has attained the age of 18 years;

        (b)     it is signed by the grantor or by another person in the presence of and at the direction of the grantor;

        (c)     that signature is witnessed by 2 persons, neither of whom is the grantee, or a relative of the grantee; and

        (d)     the grantee signs the instrument to indicate acceptance.

(3) A power of attorney granted in accordance with this section does not lapse by reason only of the incapacity of the grantor.



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