ADVANCE CARE DIRECTIVES ACT 2013 - SECT 11
ADVANCE CARE DIRECTIVES ACT 2013 - SECT 11
11—Giving advance care directives
(1) A competent adult
may give an advance care directive if the person—
(a)
understands what an advance care directive is; and
(b)
understands the consequences of giving an advance care directive.
(2) Subject to this
section, a person gives an advance care directive by—
(a)
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).
(b)
having the completed advance care directive form witnessed in accordance with
this Act; and
(c)
complying with any other requirements set out in the regulations in relation
to giving advance care directives.
(3) 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.
(4) 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.
(5) An
advance care directive, or a provision of an advance care directive, is not
invalid merely because—
(a) 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
(b) the
person giving the advance care directive did not appoint a
substitute decision-maker; or
(c) 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
(d) the
person giving the advance care directive did not seek legal or other
professional advice in relation to the advance care directive; or
(e) 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.
(f)
instructions in the advance care directive are expressed in informal language
rather than medical or technical terminology; or
(g) 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
(h)
instructions in the advance care directive are based solely on religious,
moral or social grounds.