South Australian Consolidated Acts

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CONSENT TO MEDICAL TREATMENT AND PALLIATIVE CARE ACT 1995 - SECT 7

7—Anticipatory grant or refusal of consent to medical treatment

        (1)         A person of or over 18 years of age may, while of sound mind, give a direction under this section about the medical treatment that the person wants, or does not want, if he or she is at some future time—

            (a)         in the terminal phase of a terminal illness, or in a persistent vegetative state; and

            (b)         incapable of making decisions about medical treatment when the question of administering the treatment arises.

        (2)         A direction under this section—

            (a)         must be in the form prescribed by regulation; and

            (b)         must be witnessed by an authorised witness who completes a certificate in the form prescribed by regulation.

        (3)         If—

            (a)         a person by whom a direction has been given under this section—

                  (i)         is in the terminal phase of a terminal illness or in a persistent vegetative state; and

                  (ii)         is incapable of making decisions about his or her medical treatment; and

            (b)         there is no reason to suppose that the person has revoked, or intended to revoke, the direction,

the person is to be taken to have consented to medical treatment that is in accordance with the wishes of the person as expressed in the direction and to have refused medical treatment that is contrary to those expressed wishes.



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