35HFormal requirements for advance care directives

35H Formal requirements for advance care directives

(1)  In this section –

minor error includes, but is not limited to, a typographical, grammatical, spelling, punctuation, cross referencing or obsolete referencing error.

(2)  Subject to this Part, a person may give an advance care directive in writing, orally or by any other means that enables the directions, preferences and values of the person giving the advance care directive to be documented (including through audio visual recording).

(3)  A person giving an advance care directive in writing may give the advance care directive by completing an advance care directive form or causing an advance care directive form to be so completed.

(4)  An advance care directive given in writing must –

(a) include the name, residential address and date of birth of the person giving the advance care directive; and

(b) be signed and dated by –

(i) the person giving the advance care directive; or

(ii) an adult on behalf of the person giving the advance care directive, only if the signing by that adult –

(A) is requested by the person giving the advance care directive; and

(B) is made in the presence of the person giving the advance care directive; and

(c) be witnessed upon completion in accordance with section 35I(2) ; and

(d) comply with any prescribed requirements in relation to the giving of written advance care directives.

(5)  An advance care directive given by means, other than writing, must –

(a) include the name, residential address and date of birth of the person giving the advance care directive; and

(b) include the date on which the advance care directive was given; and

(c) be witnessed upon completion in accordance with section 35I(4) ; and