Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 29

    (1)     A person who has decision-making capacity may end the person's advance agreement by—

        (a)     telling a member of the person's treating team, orally or in writing, that the person wants to end the agreement; or

        (b)     entering into another advance agreement.

    (2)     A person who has decision-making capacity may end the person's advance consent direction by—

        (a)     telling a member of the person's treating team, orally or in writing, that the person wants to end the direction; or

        (b)     making another advance consent direction.

    (3)     An advance agreement ended under subsection (1) (a) or an advance consent direction ended under subsection (2) (a) ends on—

        (a)     the day the person tells the member of the person's treating team; or

        (b)     if the person tells the member of the person's treating team in writing that agreement or direction ends on a later day—the later day.

    (4)     A member of a person's treating team who is told about an advance agreement ending under subsection (1) (a) or an advance consent direction ending under subsection (2) (a) must ensure that—

        (a)     information about the end of the agreement or direction—

              (i)     is entered in the person's record as soon as practicable; and

              (ii)     is given to—

    (A)     any member of the person's treating team who does not have access to the person's record; and

    (B)     if the person has a nominated person—the nominated person; and

    (C)     if there is a person who was likely to provide practical help under the agreement and the person consents to that person being given a copy—that person; and

    (D)     if the person has a carer and the person consents to the carer being given a copy—the carer; and

    (E)     if the person has a guardian under the Guardianship and Management of Property Act 1991

—the guardian and the ACAT; and

    (F)     if the person has an attorney under the Powers of Attorney Act 2006

—the attorney; and

        (b)     the person is told in a way that the person is most likely to understand that the information has been entered in the person's record; and

        (c)     the person is given a copy of the information entered in the person's record.