Health Care Decision Making Act 2023

A person is willing and able to make a health care decision for an adult with impaired decision making capacity if the person:

has capacity to make the decision; and

is reasonably available; and

is willing to make the decision; and

understands the obligation to act in accordance with the decision making principles; and

has the information reasonably needed to make a balanced decision; and

has adequate time to consider that information; and

understands the effect of making the decision; and

is able to make the decision voluntarily and without undue influence from any person.

Example for paragraph (b)

The person is available by telephone or video call.