South Australian Current Acts

ADVANCE CARE DIRECTIVES ACT 2013 - SECT 34

34—When things can happen under an advance care directive

        (1)         A substitute decision-maker may only make a decision under an advance care directive if, at the relevant time, the person who gave the advance care directive has impaired decision-making capacity in respect of the decision.

        (2)         A health practitioner may only provide health care pursuant to a consent granted under an advance care directive (whether by a substitute decision-maker or otherwise) if, at the relevant time, the person who gave the advance care directive has impaired decision-making capacity in respect of a decision relevant to the provision of the health care.

Note—

This includes the withdrawal, or withholding the provision of, health care—see section 4.

        (3)         Nothing in this section prevents a provision of an advance care directive being taken into account when determining the wishes of the person who gave the advance care directive.