35SAuthorised decision maker to make decisions to give effect to advance care directive

35S Authorised decision maker to make decisions to give effect to advance care directive

(1)  Subject to this Part, an authorised decision maker for a person who has given an advance care directive –

(a) must comply with any binding provisions of the advance care directive; and

(b) is to, as far as is reasonably practicable –

(i) comply with any non-binding provisions of the advance care directive that relates to health care of the relevant kind; and

(ii) seek to avoid any outcome or intervention that the person who gave the advance care directive would wish to be avoided (whether such wish is expressed or implied); and

(iii) endeavour to make health care decisions in a manner that is consistent with the principles set out in section 35B ; and

(iv) make health care decisions that the authorised decision maker reasonably believes the person who gave the advance care directive would have made in the circumstances.

(2)  Despite subsection (1), an authorised decision maker for a person who has given an advance care directive must act in accordance with –

(a) any agreement reached in relation to the advance care directive at a mediation under section 35ZI ; and

(b) any direction of the Tribunal given in relation to the advance care directive.