35BPrinciples to be taken into account

35B Principles to be taken into account

[Section 35B Amended by No. 21 of 2023, s. 23, Applied:01 Sep 2024] In addition to the principles set out in section 8 , the following principles must be taken into account in connection with the administration, operation and enforcement of this Part:

(a) [Section 35B Amended by No. 21 of 2023, s. 23, Applied:01 Sep 2024] advance care directives enable persons with decision-making ability to make decisions about their future health care by stating their own directions, values and preferences;

(b) [Section 35B Amended by No. 21 of 2023, s. 23, Applied:01 Sep 2024] a person with decision-making ability can decide what constitutes quality of life for that person and can express that in an advance care directive;

(c) [Section 35B Amended by No. 21 of 2023, s. 23, Applied:01 Sep 2024] an adult is, in the absence of evidence or a law of the State to the contrary, to be presumed to have decision-making ability in respect of decisions about the adult’s health care;

(d) a person must be allowed to make his or her own decisions about the person’s health care to the extent that the person is able;

(e) a person can exercise his or her autonomy by making self-determined decisions, making collaborative decisions within a family or community, or a combination of any of these, according to the person's culture, background, history, or spiritual or religious beliefs;

(f) [Section 35B Amended by No. 21 of 2023, s. 23, Applied:01 Sep 2024] subject to this Part, an advance care directive has the same authority as the person who gave the advance care directive had when the person had decision-making ability;

(g) a person giving effect to an advance care directive on behalf of another in accordance with this Part –

(i) must, as far as is reasonably practicable, reflect the decision that the person would have made in the circumstances; and