35KAdvance care directives that do not meet requirements

35K Advance care directives that do not meet requirements

(1)  If a person has given, or attempted to give, an advance care directive in a form that does not meet a requirement under section 35H , 35I or 35J , that advance care directive is not valid unless the Tribunal otherwise orders under subsection (2) .

(2)  The Tribunal may make an order declaring that an advance care directive is valid despite a failure to comply with a requirement under section 35H , 35I or 35J .

(3)  Despite subsection (1) , if an advance care directive given by a person does not meet a requirement under section 35H , 35I or 35J , a provision of that advance care directive may be taken into account by a health practitioner, the Public Guardian, the Tribunal or an authorised decision maker for that person, in determining the person's directions, preferences and values.