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)](#GS35I@Gs2@EN) ; 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)](#GS35I@Gs4@EN) ; and > > > > > > > (d) comply with any prescribed requirements in relation to the giving of advance care directives by means other than writing. > > > (6)  An advance care directive, or a provision of an advance care directive, is not invalid under [section 35K](#GS35K@EN) merely because – > > > > > > (a) in the case of a written advance care directive, the person giving the advance care directive did not complete a particular section of the advance care directive form, or did not cause it to be completed, other than a section specified in an instruction on the form as being a section that must be completed; or > > > > > > > (b) the person giving the advance care directive was not fully informed in relation to each medical condition, or any other circumstance, to which the advance care directive relates; or > > > > > > > (c) the person giving the advance care directive did not seek medical, legal or other professional advice in relation to the advance care directive; or > > > > > > > (d) the advance care directive contains a minor error that does not affect the ability to understand the directions, preferences and values of the person who gave the advance care directive; or > > > > > > > (e) provisions in the advance care directive are expressed in informal language rather than medical or technical terminology; or > > > > > > > (f) the person giving the advance care directive expressed his or her preferences and values in general terms rather than specific provisions, or his or her preference and values in relation to a particular matter need to be inferred from the advance care directive; or > > > > > > > (g) provisions in the advance care directive are based on cultural or religious grounds.