Advance Care Directives Act 2013

A direction or enduring power of attorney continued in force pursuant to Schedule 3 of the Consent to Medical Treatment and Palliative Care Act 1995 and that is in force immediately before the commencement of this clause will, on the commencement of Part 2 of this Schedule, be taken to be an advance care directive given in accordance with this Act.

A provision of such a direction or enduring power of attorney of a kind contemplated by section 6 or 12(1) of this Act will be taken to be void and of no effect.

An advance care directive contemplated by this clause—

will be taken to have been given by the person who gave the direction or enduring power of attorney (as the case requires); and

in the case of an advance care directive related to a direction—will be taken to contain such provisions as may be necessary to give effect to the direction (but no other provision); and

in the case of an advance care directive related to an enduring power of attorney—will be taken to appoint each agent appointed by the enduring power of attorney as a substitute decision‑maker under the advance care directive; and

will be taken to contain such provisions as may be necessary to enable each substitute decision‑maker to make any decision the substitute decision‑maker could have made as the person's agent under the enduring power of attorney (but no other provision).

Any condition or limitation contained in the direction or enduring power of attorney (as the case requires) will be taken to apply to an advance care directive contemplated by this section.

Any instrument by which the direction or enduring power of attorney was given will, for all purposes, be taken to be an advance care directive form.

A reference in any instrument or document to a direction or enduring power of attorney to which this clause relates (however described) will be taken to be a reference to the advance care directive contemplated by this clause.