Health Care Decision Making Act 2023

Before a health care decision maker makes a health care decision for an adult with impaired decision making capacity, the health care provider who would administer the health care must first determine:

the extent of the adult's impairment in relation to the decision;

and

whether the impairment is likely to be temporary or permanent;

and

whether the health care decision maker needs to exercise authority to make the decision in the circumstances.

The determination under subsection (1) must be done in collaboration with the health care decision maker if reasonably practicable.

If the health care provider determines the adult's impairment to be temporary, any health care provided to the adult must be limited to what is necessary during the expected period of impairment.

For this section, a health care provider must make reasonable efforts to follow any guidelines issued by the Public Guardian under section 55(c).