When things can happen under an advance care directive
34 When things can happen under an advance care directive
A substitute decision‑maker may only make a decision under an advance care directive if, at the relevant time, the person who gave the advance care directive has impaired decision‑making capacity in respect of the decision.
A health practitioner may only provide health care pursuant to a consent granted under an advance care directive (whether by a substitute decision‑maker or otherwise) if, at the relevant time, the person who gave the advance care directive has impaired decision‑making capacity in respect of a decision relevant to the provision of the health care.
Note—
This includes the withdrawal, or withholding the provision of, health care—see section 4.
Nothing in this section prevents a provision of an advance care directive being taken into account when determining the wishes of the person who gave the advance care directive.
This Act’s bill:Second reading speech
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