Protection of Personal and Property Rights (Enduring Powers of Attorney Forms and Prescribed Information) Regulations 2008

5 Prescribed information for certificates of mental incapacity

(1)

A health practitioner’s certificate of mental incapacity under section 97(5), 98(3), or 100A(2) of the Act must include the following information:

(a)

the full name, address, and registration number of the health practitioner giving the certificate (the certifying practitioner):

(b)

the health profession in which the certifying practitioner is registered or deemed to be registered under the Health Practitioners Competence Assurance Act 2003 and the name of the responsible registration authority:

(c)

that the certifying practitioner’s scope of practice includes assessment of a person’s mental capacity:

(d)

if the enduring power of attorney to which the certificate relates requires that the donor’s mental capacity be assessed by a health practitioner with a specified scope of practice, that the certifying practitioner’s scope of practice includes the one specified:

(e)

that the certifying practitioner examined or assessed the donor for the purpose of assessing his or her mental capacity, and the date of that examination or assessment:

(f)

the full name of the donor, and the date of the enduring power of attorney:

(g)

the certifying practitioner’s opinion under subclause (2):

(h)

the reasons for the certifying practitioner’s opinion:

(i)

the certifying practitioner’s signature:

(j)

the date of the certificate.

(2)

The certificate of mental incapacity must include the following opinion:

(a)

in a certificate to be used in connection with an enduring power of attorney in relation to property under section 97(5) or 100A(2), the certifying practitioner’s opinion that the donor is mentally incapable because he or she is not wholly competent to manage his or her own affairs in relation to his or her property; or

(b)

in a certificate to be used in connection with an enduring power of attorney in relation to personal care and welfare under section 98(3) or section 100A(2), the certifying practitioner’s opinion that the donor is mentally incapable, specifying 1 or more of the following particulars:

(i)

that the donor lacks the capacity to make a decision about a matter relating to the donor’s personal care and welfare in respect of which a decision is made, or is proposed to be made:

(ii)

that the donor lacks the capacity to understand the nature of decisions about a matter relating to the donor’s personal care and welfare in respect of which a decision is made, or is proposed to be made:

(iii)

that the donor lacks the capacity to foresee the consequences of decisions about a matter relating to the donor’s personal care and welfare in respect of which a decision is made, or is proposed to be made, or to foresee the consequences of any failure to make such decisions:

(iv)

that the donor lacks capacity to communicate decisions about a matter relating to the donor’s personal care and welfare in respect of which a decision is made, or is proposed to be made.

Regulation 5: inserted, on 16 March 2017, by regulation 5 of the Protection of Personal and Property Rights (Enduring Powers of Attorney Forms and Prescribed Information) Amendment Regulations 2017 (LI 2017/44).