TASIn ForceAct
Guardianship and Administration Act 1995
35SAuthorised decision maker to make decisions to give effect to advance care directive
Start here
Get a plain-English read of 35S
Turn the raw legal text into a practical explanation grounded in Guardianship and Administration Act 1995.
### 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](#GS35B@EN) ; 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](#GS35ZI@EN) ; and
> > >
> > > > (b) any direction of the Tribunal given in relation to the advance care directive.