(i) the principal has a terminal illness or condition that is
incurable or irreversible and as a result of which, in the opinion of a doctor
treating the principal and another doctor, the principal may reasonably be
expected to die within 1 year;
(ii) the principal is in a persistent
vegetative state, that is, the principal has a condition involving severe and
irreversible brain damage which, however, allows some or all of the
principal’s vital bodily functions to continue, including, for example,
heart beat or breathing;
(iii) the principal is permanently unconscious, that
is, the principal has a condition involving brain damage so severe that there
is no reasonable prospect of the principal regaining consciousness;
Note—
This is sometimes referred to as ‘a coma’.
(iv) the principal has an
illness or injury of such severity that there is no reasonable prospect that
the principal will recover to the extent that the principal’s life can be
sustained without the continued application of life-sustaining measures; and
(b) for a direction to withhold or withdraw artificial nutrition or artificial
hydration—the commencement or continuation of the measure would be
inconsistent with good medical practice; and
(c) the principal has no
reasonable prospect of regaining capacity for health matters.
Note—
"life-sustaining measure" is defined in schedule 2 , section 5A .
(3) An
attorney’s power for a health matter under an advance health directive is
exercisable during any or every period the principal has impaired capacity for
the matter and not otherwise.
(4) While power for a health matter is
exercisable under an advance health directive, the directive gives the
attorney for the matter power to do, for the principal, anything in relation
to the matter the principal could lawfully do if the principal had capacity
for the matter.
(5) However, the power given is subject to the terms of the
advance health directive and this Act.
(6) A person dealing with the attorney
may ask for evidence, for example, a medical certificate, to establish that
the principal has impaired capacity for the matter.