Section 6 of the ACT Enduring PoA form

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Ted Sherwood

Well-Known Member
24 December 2014
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Section 6 says ' My attorney/attorneys may consent on my behalf to -
refuse or require the withdrawal of medical treatment generally, or
refuse, or require...

Doe the first part mean:
(a) 'Refuse ...medical treatment' and 'require the withdrawal of medical treatment' OR
(b) 'Refuse the withdrawal of medical treatment' and 'Require the withdrawal of medical treatment'?
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
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In a general legal construction sense that could mean :
- My attorney may consent on my behalf to refuse medical treatment generally;
- My attorney may consent on my behalf to require the withdrawal of medical treatment generally; and
- My attorney may consent on my behalf to refuse the withdrawal of medical treatment generally.

The last doesn't make a great deal of sense in a grammatical format, and is likely to not be what was intended, but there could be a case for it. If the appointment wanted to be more definitely, it should be in the form of:

"My attorney may consent on my behalf to refuse, or require the withdrawal of, medical treatment generally". The would put in squarely in terms of the first two only.