South Australian Consolidated Acts South Australian Consolidated Acts8—Appointment of agent to consent to medical treatment
(1) A person of or
over 18 years of age may, while of sound mind, by medical power of attorney,
appoint an agent with power to make decisions on his or her behalf about
medical treatment.
(2) A medical power of
attorney—
(a) must
be in the form prescribed by regulation or in a form to similar effect; and
(b) must
be witnessed by an authorised witness who completes a certificate in the form
prescribed by regulation or in a form to similar effect.
(3) A person is not
eligible to be appointed an agent under a medical power of attorney unless
over 18 years of age.
(4) The fact that a
person has an interest under the will, or in the estate, of the grantor of a
medical power of attorney does not invalidate the appointment of that person
as a medical agent, or the exercise of any power by that person under a
medical power of attorney.
(5) A person is not
eligible to be appointed an agent under a medical power of attorney if that
person is, in a professional or administrative capacity, directly or
indirectly responsible for or involved in the medical care or treatment of the
person by whom the medical power of attorney is to be given and, if a person
who is validly appointed as a medical agent becomes so responsible or
involved, the person is disqualified from acting as a medical agent under the
medical power of attorney.
(6) If a medical power
of attorney appoints two or more agents, it must indicate the order of
appointment and, in that case, if the person designated first in order of
appointment is unavailable, the power is to be exercised by the person
designated second in order of appointment, if the first and second are not
available, by the person designated third in order of appointment, and so on,
but a medical power of attorney may not provide for the joint exercise of the
power.
(7) A medical power of
attorney—
(a)
authorises the agent, subject to any conditions and directions contained in
the power of attorney, to make decisions about the medical treatment of the
person who granted the power if that person is incapable of making decisions
on his or her own behalf; but
(b) does
not authorise the agent to refuse—
(i)
the natural provision or natural administration of food
and water; or
(ii)
the administration of drugs to relieve pain or distress;
or
(iii)
medical treatment that would result in the grantor
regaining the capacity to make decisions about his or her own medical
treatment unless the grantor is in the terminal phase of a terminal illness.
(8) The powers
conferred by a medical power of attorney must be exercised—
(a) in
accordance with any lawful conditions and directions contained in the medical
power of attorney; and
(b) if
the grantor of the power has also given an anticipatory
direction—consistently with the direction,
and subject to those requirements, in what the agent genuinely believes to be
the best interests of the grantor.
(9) The grantor of a
medical power of attorney may, by any form of representation that indicates an
intention to withdraw or terminate the power, revoke the power of attorney.
(10) The grantor of a
medical power of attorney may, on regaining capacity to make decisions about
his or her medical treatment, vary or revoke any decision taken by the medical
agent during the period of incapacity.