Western Australian Current Acts

VOLUNTARY ASSISTED DYING ACT 2019 - SECT 6

6 .         Decision-making capacity

        (1)         In this section —

        voluntary assisted dying decision means —

            (a)         a request for access to voluntary assisted dying; or

            (b)         a decision to access voluntary assisted dying.

        (2)         For the purposes of this Act, a patient has decision-making capacity in relation to voluntary assisted dying if the patient has the capacity to —

            (a)         understand any information or advice about a voluntary assisted dying decision that is required under this Act to be provided to the patient; and

            (b)         understand the matters involved in a voluntary assisted dying decision; and

            (c)         understand the effect of a voluntary assisted dying decision; and

            (d)         weigh up the factors referred to in paragraphs (a), (b) and (c) for the purposes of making a voluntary assisted dying decision; and

            (e)         communicate a voluntary assisted dying decision in some way.

        (3)         For the purposes of this Act, a patient is presumed to have decision-making capacity in relation to voluntary assisted dying unless the patient is shown not to have that capacity.