66 (1) The powers and duties of a guardian of the person shall be exercised and performed diligently and in good faith.  1992, c. 30, s. 66 (1). Explanation (2) The guardian shall explain to the incapable person what the guardian’s powers and duties are.  1992, c. 30, s. 66 (2). Decisions under Health Care Consent Act, 1996 (2.1) The guardian shall make decisions on the incapable person’s behalf to which the Health Care Consent Act, 1996 applies in accordance with that Act.  1996, c. 2, s. 43 (1). Other decisions (3) The guardian shall make decisions on the incapable person’s behalf to which the Health Care Consent Act, 1996 does not apply in accordance with the following principles: 1. If the guardian knows of a wish or instruction applicable to the circumstances that the incapable person expressed while capable, the guardian shall make the decision in accordance with the wish or instruction. 2. The guardian shall use reasonable diligence in ascertaining whether there are such wishes or instructions. 3. A later wish or instruction expressed while capable prevails over an earlier wish or instruction. 4. If the guardian does not know of a wish or instruction applicable to the circumstances that the incapable person expressed while capable, or if it is impossible to make the decision in accordance with the wish or instruction, the guardian shall make the decision in the incapable person’s best interests.  1992, c. 30, s. 66 (3); 1996, c. 2, s. 43 (2). Best interests (4) In deciding what the person’s best interests are for the purpose of subsection (3), the guardian shall take into consideration, (a) the values and beliefs that the guardian knows the person held when capable and believes the person would still act on if capable; (b) the person’s current wishes, if they can be ascertained; and (c) the following factors: 1. Whether the guardian’s decision is likely to, i. improve the quality of the person’s life, ii. prevent the quality of the person’s life from deteriorating, or iii. reduce the extent to which, or the rate at which, the quality of the person’s life is likely to deteriorate. 2. Whether the benefit the person is expected to obtain from the decision outweighs the risk of harm to the person from an alternative decision.  1996, c. 2, s. 43 (3). Records of decisions (4.1) The guardian shall, in accordance with the regulations, keep records of decisions made by the guardian on the incapable person’s behalf.  1996, c. 2, s. 43 (3). Participation (5) The guardian shall encourage the person to participate, to the best of his or her abilities, in the guardian’s decisions on his or her behalf.  1992, c. 30, s. 66 (5). Family and friends (6) The guardian shall seek to foster regular personal contact between the incapable person and supportive family members and friends of the incapable person.  1992, c. 30, s. 66 (6). Consultation (7) The guardian shall consult from time to time with, (a) supportive family members and friends of the incapable person who are in regular personal contact with the incapable person; and (b) the persons from whom the incapable person receives personal care.  1992, c. 30, s. 66 (7). Independence (8) The guardian shall, as far as possible, seek to foster the person’s independence.  1992, c. 30, s. 66 (8). Least restrictive course of action (9) The guardian shall choose the least restrictive and intrusive course of action that is available and is appropriate in the particular case.  1992, c. 30, s. 66 (9). Confinement, restraint and monitoring devices (10) The guardian shall not use confinement or monitoring devices or restrain the person physically or by means of drugs, and shall not give consent on the person’s behalf to the use of confinement, monitoring devices or means of restraint, unless, (a) the practice is essential to prevent serious bodily harm to the person or to others, or allows the person greater freedom or enjoyment. (b)  Repealed:  1996, c. 2, s. 43 (4). 1992, c. 30, s. 66 (10); 1996, c. 2, s. 43 (4). Common law (11) Nothing in this Act affects the common law duty of caregivers to restrain or confine persons when immediate action is necessary to prevent serious bodily harm to them or to others.  1992, c. 30, s. 66 (11). Electric shock as aversive conditioning (12) The guardian shall not use electric shock as aversive conditioning and shall not give consent on the person’s behalf to the use of electric shock as aversive conditioning unless the consent is given to a treatment in accordance with the Health Care Consent Act, 1996.  1996, c. 2, s. 43 (5). Research (13) Nothing in this Act affects the law relating to giving or refusing consent on another person’s behalf to a procedure whose primary purpose is research.  1992, c. 30, s. 66 (13). Sterilization, transplants (14) Nothing in this Act affects the law relating to giving or refusing consent on another person’s behalf to one of the following procedures: 1. Sterilization that is not medically necessary for the protection of the person’s health. 2. The removal of regenerative or non-regenerative tissue for implantation in another person’s body.  1992, c. 30, s. 66 (14). Guardianship plan (15) A guardian shall act in accordance with the guardianship plan.  1992, c. 30, s. 66 (15). Amendment of plan (16) If there is a guardianship plan, it may be amended from time to time with the Public Guardian and Trustee’s approval.  1992, c. 30, s. 66 (16). (17) Repealed:  1996, c. 2, s. 43 (6). (18) Repealed:  1996, c. 2, s. 43 (6). Immunity (19) No proceeding for damages shall be commenced against a guardian for anything done or omitted in good faith in connection with the guardian’s powers and duties under this Act.  1992, c. 30, s. 66 (19). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 43 (1-6) - 29/03/1996