Revoking advance care directives where person not competent
32 Revoking advance care directives where person not competent
An advance care directive of a person to whom this Subdivision applies may only be revoked by the Tribunal in accordance with this section.
Subject to subsection (3), the Tribunal must revoke an advance care directive if—
—
the person who gave the advance care directive, or a person acting on their behalf, applies to the Tribunal for the revocation in a manner and form determined by the Tribunal; or
the
Tribunal is advised under section 31 of a person's wish to revoke an advance care directive; and
the
Tribunal (having made such inquiries as it thinks fit) is satisfied that—
the person who gave the advance care directive understands the nature and consequences of the revocation; and
the revocation genuinely reflects the wishes of the person; and
the revocation is, in all the circumstances, appropriate.
If an advance care directive expressly provides that the advance care directive is not to be revoked in the circumstances contemplated by this Subdivision, the Tribunal should not revoke the advance care directive unless satisfied that the current wishes of the person who gave the advance care directive indicate a conscious wish to override such a provision.
If the Tribunal revokes an advance care directive under this section, the Tribunal—
must advise each substitute decision‑maker appointed under the advance care directive of the revocation as soon as is reasonably practicable; and
may give such advice and directions as the Tribunal considers necessary or desirable in the circumstances of the case.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.