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) [*\[Section 35R Subsection (1) amended by No. 21 of 2023, s. 31, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS31@EN) 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.