Medical Treatment Planning and Decisions Act 2016
23Further considerations for revoking, varying or suspending an instructional directive
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23 Further considerations for revoking, varying or suspending an instructional directive
VCAT must not make an order revoking, varying or suspending an instructional directive unless it is satisfied that—
(a) the person who gave the instructional directive does not have decision-making capacity in relation to that directive; and
(b) either of the following applies—
(i) circumstances have changed since the instructional directive was given so that the practical effect of the instructional directive would no longer be consistent with the preferences and values of the person who gave it; or
(ii) the person who gave the instructional directive relied on incorrect information or made incorrect assumptions when giving it.