Page 1744 - Week 09 - Tuesday, 17 October 1989
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document in its simplicity is not only a hallmark but also a reflection on how unnecessarily complex the other document really is.
I want to comment on one last thing, Mr Speaker, and that is part C of the enduring power of attorney. It refers in particular in clause 14 to authority to consent to medical donation. That particular clause, if not struck out by the donor, authorises his attorney to consent on his behalf to the lawful donation of parts of his body, blood or tissue to any person while he is incapacitated.
I have no doubt that ordinary people looking at that clause would perhaps blanch a little at the idea of their bodies being mutilated while they are lying in hospital beds, but that, of course, is not the case. It is a very important clause to include in the power of attorney, and I very much welcome the emphasis which the existence of that clause places on the need for greater awareness, on the desirability, of having the power to donate organs of the body.
Members will be aware that there are many problems in our society at present, with people being insufficiently aware of the ability to make and the desirability of making organ donations. All too often people in this country are injured or die because, simply, there are not organs legally available within a short time. That is not because the organs are not physically available - they certainly are - but they are simply not legally available because the necessary legal paperwork has not been or cannot be done in time. I am extremely glad to see this emphasis in this power of attorney on creating the environment in which this can occur. I hope that more citizens will notice this and take the opportunity of executing their own organ donor cards to carry in their wallets or purses and that this will enhance the practice of making organ donations during life in coming years.
MS FOLLETT (Attorney-General) (4.11) in reply: May I thank the speakers on this Bill and other members of the Assembly for their apparent support for the Bill. It is indeed an important matter, and I think it is fair to say that some of the most anguished calls that I have had from constituents have been from people who have relatives who are no longer in full control of their mental and physical capabilities, particularly from elderly people whose partners are suffering from Alzheimer's disease. The prospect of having to take one's lifelong partner through the lunacy courts is one that causes grief to older people; it is something which they cannot cope with, nor should they have to.
The Bill that we have before us to create an enduring power of attorney redresses that situation. The Government has been concerned that ACT citizens have not been able to make proper arrangements for their financial and personal affairs in the event that they become mentally incapable.
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