12Content of advance care directives

12 Content of advance care directives

(1) An advance care directive is a document that sets out a person's binding instructions or preferences and values in relation to the medical treatment of that person in the event that the person does not have decision-making capacity for that medical treatment.

(2) An advance care directive may contain either or both of the following—

(a) an instructional directive;

(b) a values directive.

(3) For the purposes of subsection (2), each of the following is a values directive—

(a) any statement that is not expressly identified on the face of the document as an instructional directive;

(b) any instructional directive that is of unclear or uncertain application in relation to particular circumstances but that is still indicative of a person's preferences or values in relation to those circumstances;

(c) any statement—

(i) purporting to consent to a special medical procedure; or

Note to s. 12(3)(c)(i) substituted by No. 13/2019 s. 221(Sch. 1 item 31.2).

(ii) concerning palliative care; or

(iii) made in a document of another State or a Territory recognised as an advance care directive under section 95.