22VCAT orders in relation to advance care directives

22 VCAT orders in relation to advance care directives

(1) An eligible applicant may apply to VCAT for an order in relation to the following—

(a) the validity of—

(i) an advance care directive; or

(ii) an amendment to or the revocation of an advance care directive;

(b) the meaning and effect of an advance care directive;

(c) whether a statement in an advance care directive is still applicable, because circumstances have changed since the advance care directive was given so that the practical effect of the statement would no longer be consistent with the preferences and values of the person who gave the directive;

(d) with the permission of VCAT, any other matter in relation to an advance care directive.

(2) On application under subsection (1), or on its own motion in any hearing before it, VCAT may do any of the following—

(a) make an order—

(i) revoking all or part of an advance care directive; or

(ii) varying the effect of an advance care directive; or

(iii) suspending an advance care directive for a specified period;

(b) make an order declaring—

(i) that an advance care directive is invalid because of a failure to comply with a requirement of this Part; or

(ii) that an advance care directive is valid despite a failure to comply with a requirement of this Part, if a person's intention to give, amend or revoke an advance care directive is sufficiently clear;

(c) make any other order it considers necessary.

(3) Before making an order under this section, VCAT must be satisfied that the order is consistent with the following—

(a) any known preferences and values of the person who gave the advance care directive, whether—

(b) promoting the personal and social wellbeing of the person, having regard to the need to respect the person's individuality.

(4) In this section, advance care directive includes a purported advance care directive.