ADVANCE CARE DIRECTIVES ACT 2013 - SECT 23

ADVANCE CARE DIRECTIVES ACT 2013 - SECT 23

23—Powers of substitute decision-maker

        (1)         Subject to this Act and to any provision of the advance care directive, a substitute decision-maker appointed under an advance care directive may make any decision that the person who gave the advance care directive could have lawfully made in respect of the following areas:

            (a)         health care (other than a kind of health care declared by the regulations to be excluded from the ambit of this paragraph);

            (b)         residential and accommodation arrangements;

            (c)         personal affairs.

        (2)         Nothing in subsection (1) authorises a substitute decision-maker to make a decision of a kind that requires the substitute decision-maker to have been given the person's power of attorney unless the required power of attorney has in fact been given to the substitute decision-maker.

Note—

A power of attorney cannot be given by an advance care directive—see section 13.

        (3)         An advance care directive does not authorise a substitute decision-maker to perform functions that the person who gave the advance care directive has as a trustee or personal representative of another.

        (4)         Despite any provision of an advance care directive to the contrary, an advance care directive does not authorise a substitute decision-maker to refuse the following:

            (a)         the administration of drugs to relieve pain or distress;

            (b)         the natural provision of food and liquids by mouth.

        (5)         Despite any provision of an advance care directive to the contrary, an advance care directive does not authorise a substitute decision-maker to make a decision, or to otherwise act in a manner, that is inconsistent with a request for voluntary assisted dying made by the person who gave the advance care directive.