35RConsent given or refused by authorised decision maker for person who has given an advance care directive

35R Consent given or refused by authorised decision maker for person who has given an advance care directive

(1)  A person may provide consent or a refusal of consent to the provision of health care to a person who has given an advance care directive if, at the relevant time –

(a) [Section 35R Subsection (1) amended by No. 21 of 2023, s. 31, Applied:01 Sep 2024] the health practitioner seeking consent reasonably believes that the person who gave the advance care directive has impaired decision-making ability in respect of the decision; and

(b) the advance care directive does not provide clear and unambiguous consent or a refusal of consent to the health care; and

(c) the person being asked to provide the consent –

(i) is a person who would otherwise be authorised to provide consent to the provision of that health care under Part 6; or

(ii) has been appointed as a guardian for the person who gave the advance care directive and that appointment provides authority for them to make a decision of the relevant kind; or

(iii) is the person responsible under this Act for the person who has given the advance care directive.

(2)  A consent provided under this section in respect of the provision of health care to a person who has given an advance care directive has effect as if –

(a) the person had been capable of giving consent to the provision of the health care; and

(b) the health care had been carried out with that person's consent.