35Taking reasonable steps

35 Taking reasonable steps

(1) An entity required by or under this Act to consider an advance statement of preferences or consult with a nominated support person, before making a decision that requires consideration of the patient's preferences, must take all reasonable steps to find out whether—

(a) a patient has an advance statement of preferences or a nominated support person; and

(b) the statement or nomination is in effect.

See definition of entity in section 38 of the Interpretation of Legislation Act 1984 which includes a person and an unincorporated body.

(2) An entity to whom subsection (1) applies may take a statement or nomination to be in effect for the purposes of this Act if—

(a) the patient is unable to provide information or confirmation that the statement or nomination is in effect; and

(b) the information available to the entity indicates that—

(i) the patient has a statement or nomination; and

(ii) it has not been revoked.

Part 2.2—Statement of rights