35ZRevoking or varying advance care directive where person has impaired decision-making ability

35Z Revoking or varying advance care directive where person has impaired decision-making ability

(1)  A person may make an application to the Tribunal in relation to an advance care directive if –

(a) [Section 35Z Subsection (1) amended by No. 21 of 2023, s. 34, Applied:01 Sep 2024] the person who has given the advance care directive has impaired decision-making ability in respect of decisions relating to the advance care directive; and

(b) the person has reasonable cause to believe that the person who gave the advance care directive wishes or may wish to revoke or vary the advance care directive; and

(c) the person is –

(i) a health practitioner who is providing, or is to provide, health care to the person who gave the advance care directive; or

(ii) an authorised decision maker for the person who gave the advance care directive; or

(iii) any other person who the Tribunal is satisfied has a proper interest in the matter.

(2)  An application to the Tribunal under subsection (1) is to be lodged with the registrar in a manner and form determined by the Tribunal.

(3)  The Tribunal on receiving an application under subsection (1) may make such inquiries or investigations as the Tribunal may think appropriate.

(4)  Subject to subsection (5) the Tribunal may, on application under subsection (1) and after a hearing, revoke or vary an advance care directive if the Tribunal is satisfied that –

(a) the person who gave the advance care directive wishes to revoke or vary the advance care directive; and

(b) the person who gave the advance care directive understands the nature and consequences of the revocation or variation; and

(c) the revocation or variation genuinely reflects the wishes of the person; and

(d) the revocation or variation is, in all the circumstances, appropriate.