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ADVANCE CARE DIRECTIVES ACT 2013 - SECT 21

ADVANCE CARE DIRECTIVES ACT 2013 - SECT 21

21—Requirements in relation to appointment of substitute decision-makers

        (1)         Subject to this Act, a person giving an advance care directive may appoint such number of adults to be substitute decision-makers in respect of the advance care directive as the person thinks fit.

Note—

Nothing in this Act requires a substitute decision-maker to be appointed under an advance care directive—a person may choose simply to give instructions in his or her advance care directive.

        (2)         However, the following persons cannot be appointed or act as a substitute decision-maker in relation to a particular advance care directive:

            (a)         a person who is not competent;

            (b)         a health practitioner who is responsible (whether solely or with others) for the health care of the person giving the advance care directive;

            (c)         a paid carer of the person giving the advance care directive;

            (d)         any other person of a class prescribed by the regulations for the purposes of this section.

        (3)         An appointment of a substitute decision-maker must comply with any other requirements set out in the regulations for the purposes of this section.

        (4)         An appointment in contravention of this section is void and of no effect.