ADVANCE CARE DIRECTIVES ACT 2013 - SECT 35

ADVANCE CARE DIRECTIVES ACT 2013 - SECT 35

35—Substitute decision-maker to give effect to advance care directive

        (1)         Subject to this Act, in making a decision under an advance care directive, a substitute decision-maker—

            (a)         must, as far as is reasonably practicable—

                  (i)         give effect to any instructions or directions expressed in the advance care directive; and

                  (ii)         seek to avoid any outcome or intervention that the person who gave the advance care directive would wish to be avoided (whether such wish is expressed or implied); and

                  (iii)         obtain, and have regard to, the wishes of the person who gave the advance care directive (whether such wishes are expressed or implied); and

                  (iv)         endeavour to make the decision in a manner that is consistent with the principles set out in section 10; and

            (b)         must make the decision that the substitute decision-maker reasonably believes the person who gave the advance care directive would have made in the circumstances; and

            (c)         must act in good faith and with due diligence.

        (2)         A failure to comply with this section does not, of itself, result in any civil or criminal liability on the part of the substitute decision-maker.