Australian Capital Territory Numbered Acts

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MEDICAL TREATMENT ACT 1994 (NO. 72 OF 1994) - SECT 16

Conditions on exercise of power

16. (1) Subject to subsection (2), a grantee shall not request the withholding or withdrawal of medical treatment from the grantor unless—

        (a)     the grantee has consulted a medical practitioner about—

              (i)     the nature of the grantor's illness;

              (ii)     any alternative forms of treatment that may be available to the grantor; and

              (iii)     the consequences to the grantor of remaining untreated; and

        (b)     the grantee believes on reasonable grounds that if the grantor—

              (i)     were capable of making a rational judgment; and

              (ii)     were to give serious consideration to his or her own health and wellbeing;

the grantor would request the withholding or withdrawal of medical treatment from himself or herself.

(2) Where the grantee is—

        (a)     aware the grantor has made a direction; and

        (b)     not aware that the direction has been revoked;

the grantee may request the withholding or withdrawal of medical treatment from the grantor in accordance with the direction.



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