GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 110S
GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 110S
110S . Operation generally
(1) A treatment
decision in an advance health directive operates in respect of the treatment
to which it applies —
(a) at
any time the maker of the directive is unable to make reasonable judgments in
respect of that treatment; and
(b) as
if —
(i)
the treatment decision had been made by the maker at that
time; and
(ii)
the maker were of full legal capacity.
(2) Subject to
subsection (3), a treatment decision in an advance health directive operates
only in the circumstances specified in the directive.
(3) Subject to
subsection (4), a treatment decision in an advance health directive does not
operate if circumstances exist or have arisen that —
(a) the
maker of that directive would not have reasonably anticipated at the time of
making the directive; and
(b)
would have caused a reasonable person in the maker’s position to have
changed his or her mind about the treatment decision.
(4) In determining
whether or not subsection (3) applies in relation to a treatment decision that
is in an advance health directive, the matters that must be taken into account
include the following —
(a) the
maker’s age at the time the directive was made and at the time the
treatment decision would otherwise operate;
(b) the
period that has elapsed between those times;
(c)
whether the maker reviewed the treatment decision at any time during that
period and, if so, the period that has elapsed between the time of the last
such review and the time at which the treatment decision would otherwise
operate;
(d) the
nature of the condition for which the maker needs treatment, the nature of
that treatment and the consequences of providing and not providing that
treatment.
(5) For the purpose of
determining whether or not subsection (3) applies in relation to a treatment
decision that is in an advance health directive, subject to the terms of the
directive, any of the following persons may be consulted —
(a) if
the maker has an enduring guardian — the enduring guardian;
(b) if
the maker has a guardian — the guardian;
(c) a
person who has a relationship with the maker described in section 110ZD(3)(a)
to (d);
(d) any
other person considered appropriate in the circumstances.
(6) Subject to
section 110T, a treatment decision in an advance health directive is taken to
have been revoked if the maker of the directive has changed his or her mind
about the treatment decision since making the directive.
[Section 110S inserted: No. 25 of 2008 s. 11.]