Mental Health Act 2015

A person who has decision-making capacity may end the person’s advance agreement by—

telling a member of the person’s treating team, orally or in writing, that the person wants to end the agreement; or

entering into another advance agreement.

A person who has decision-making capacity may end the person’s advance consent direction by—

telling a member of the person’s treating team, orally or in writing, that the person wants to end the direction; or

making another advance consent direction.

An advance agreement ended under subsection (1) (a) or an advance consent direction ended under subsection (2) (a) ends on—

the day the person tells the member of the person’s treating team; or

if the person tells the member of the person’s treating team in writing that agreement or direction ends on a later day—the later day.

A member of a person’s treating team who is told about an advance agreement ending under subsection (1) (a) or an advance consent direction ending under subsection (2) (a) must ensure that—

information about the end of the agreement or direction—

is entered in the person’s record as soon as practicable; and

is given to—

any member of the person’s treating team who does not have access to the person’s record; and

if the person has a nominated person—the nominated person; and

if there is a person who was likely to provide practical help under the agreement and the person consents to that person being given a copy—that person; and

if the person has a carer and the person consents to the carer being given a copy—the carer; and

if the person has a guardian under the Guardianship and Management of Property Act 1991—the guardian and the ACAT; and

if the person has an attorney under the Powers of Attorney Act 2006—the attorney; and

the person is told in a way that the person is most likely to understand that the information has been entered in the person’s record; and

the person is given a copy of the information entered in the person’s record.

This section applies if—

an advance agreement or an advance consent direction is in force in relation to a person; and

the person has a guardian under the Guardianship and Management of Property Act 1991 with authority to give consent for medical treatment involving treatment, care or support under this Act.

Any power of the guardian to consent to treatment, care or support for the person must be exercised taking into account the advance agreement or advance consent direction.

However, the guardian’s consent is not required for any treatment, care or support for which consent is provided under the advance consent direction.