sec.227Requirement to give notice—matters relating to advance health directive or enduring power of attorney

sec.227 Requirement to give notice—matters relating to advance health directive or enduring power of attorney

This section applies if— a record for an advance health directive or enduring power of attorney for a personal matter is kept in the records system; and under the Powers of Attorney Act 1998 — the directive or power of attorney is revoked by the person who made it, including, to the extent of an inconsistency, by the making of a later advance health directive or power of attorney; or to the extent the directive or power of attorney appoints an attorney to exercise power for a personal matter—the attorney resigns. The person who made the directive or power of attorney must give the administrator of an authorised mental health service written notice of the revocation or resignation. If subsection (1) (b) (ii) applies, the person is taken to have complied with subsection (2) if the attorney gives the administrator of an authorised mental health service written notice of the resignation. On receiving a notice under subsection (2) or (3) , the administrator must remove or, for an inconsistency mentioned in subsection (1) (b) (i) , update the record for the advance health directive or power of attorney in the records system. s 227 amd 2017 No. 3 s 19 (sec.227-ssec.1) This section applies if— a record for an advance health directive or enduring power of attorney for a personal matter is kept in the records system; and under the Powers of Attorney Act 1998 — the directive or power of attorney is revoked by the person who made it, including, to the extent of an inconsistency, by the making of a later advance health directive or power of attorney; or to the extent the directive or power of attorney appoints an attorney to exercise power for a personal matter—the attorney resigns. (sec.227-ssec.2) The person who made the directive or power of attorney must give the administrator of an authorised mental health service written notice of the revocation or resignation. (sec.227-ssec.3) If subsection (1) (b) (ii) applies, the person is taken to have complied with subsection (2) if the attorney gives the administrator of an authorised mental health service written notice of the resignation. (sec.227-ssec.4) On receiving a notice under subsection (2) or (3) , the administrator must remove or, for an inconsistency mentioned in subsection (1) (b) (i) , update the record for the advance health directive or power of attorney in the records system.

• (a) a record for an advance health directive or enduring power of attorney for a personal matter is kept in the records system; and
• (b) under the Powers of Attorney Act 1998 — (i) the directive or power of attorney is revoked by the person who made it, including, to the extent of an inconsistency, by the making of a later advance health directive or power of attorney; or (ii) to the extent the directive or power of attorney appoints an attorney to exercise power for a personal matter—the attorney resigns.