Giving advance care directives
11 Giving advance care directives
A competent adult may give an advance care directive if the person—
understands what an advance care directive is; and
understands the consequences of giving an advance care directive.
Subject to this section, a person gives an advance care directive by—
completing any relevant sections of an advance care directive form in accordance with this Act and any instructions contained on that form, or causing any relevant sections to be so completed; and
Note—
An advance care directive form must be the approved form—see the definition of advance care directive form in section 3(1).
having the completed advance care directive form witnessed in accordance with this Act; and
complying with any other requirements set out in the regulations in relation to giving advance care directives.
Subject to this Act, an advance care directive can make such provision relating to the future health care, residential and accommodation matters and personal affairs of the person giving the advance care directive as the person thinks fit.
Nothing in this Act authorises a person to give an advance care directive for or on behalf of another person.
Note—
A parent, for example, cannot give an advance care directive on behalf of his or her child.
An advance care directive, or a provision of an advance care directive, is not invalid merely because—
the person giving the advance care directive did not complete a particular section of the advance care directive form (other than a section specified in an instruction on the form as being a section that must be completed); or
the person giving the advance care directive did not appoint a substitute decision‑maker; or
the person giving the advance care directive was not fully informed in relation to each medical condition, or any other circumstance, to which the advance care directive relates; or
the person giving the advance care directive did not seek legal or other professional advice in relation to the advance care directive; or
the advance care directive contains a minor error (being an error that does not affect the ability to understand the wishes and instructions of the person who gave the advance care directive); or
Note—
The type of error contemplated by this paragraph includes a misspelling or obsolete reference.
instructions in the advance care directive are expressed in informal language rather than medical or technical terminology; or
the person giving the advance care directive expressed their wishes in general terms rather than specific instructions, or that their wishes in relation to a particular matter need to be inferred from the advance care directive; or
instructions in the advance care directive are based solely on religious, moral or social grounds.
This provision refers to the regulations (the regulations
). Made under this Act:
This Act’s bill:Second reading speech
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