sec.42Principal’s capacity to make an advance health directive

### sec.42 Principal’s capacity to make an advance health directive A principal has capacity to make an advance health directive, to the extent it does not give power to an attorney, only if the principal— understands the nature and effect of the advance health directive; and is capable of making the advance health directive freely and voluntarily. Under the general principles, an adult is presumed to have capacity. See section 6C , general principle 1. Understanding the nature and effect of the advance health directive includes understanding the following matters— the nature and likely effects of each direction in the advance health directive; a direction operates only while the principal has impaired capacity for the matter covered by the direction; the principal may revoke a direction at any time the principal has capacity for the matter covered by the direction; at any time the principal is not capable of revoking a direction, the principal is unable to effectively oversee the implementation of the direction. If there is a reasonable likelihood of doubt, it is advisable for the witness to make a written record of the evidence as a result of which the witness considered the principal understood these matters. A principal has capacity to make an advance health directive, to the extent it gives power to an attorney, only if the principal has the capacity necessary to make an enduring power of attorney giving the same power. See section 41 in relation to the capacity of a principal to make an enduring power of attorney. For this section, schedule 3 , definition capacity does not apply. s 42 sub 2019 No. 9 s 63 (sec.42-ssec.1) A principal has capacity to make an advance health directive, to the extent it does not give power to an attorney, only if the principal— understands the nature and effect of the advance health directive; and is capable of making the advance health directive freely and voluntarily. Under the general principles, an adult is presumed to have capacity. See section 6C , general principle 1. (sec.42-ssec.2) Understanding the nature and effect of the advance health directive includes understanding the following matters— the nature and likely effects of each direction in the advance health directive; a direction operates only while the principal has impaired capacity for the matter covered by the direction; the principal may revoke a direction at any time the principal has capacity for the matter covered by the direction; at any time the principal is not capable of revoking a direction, the principal is unable to effectively oversee the implementation of the direction. If there is a reasonable likelihood of doubt, it is advisable for the witness to make a written record of the evidence as a result of which the witness considered the principal understood these matters. (sec.42-ssec.3) A principal has capacity to make an advance health directive, to the extent it gives power to an attorney, only if the principal has the capacity necessary to make an enduring power of attorney giving the same power. See section 41 in relation to the capacity of a principal to make an enduring power of attorney. (sec.42-ssec.4) For this section, schedule 3 , definition capacity does not apply. - (a) understands the nature and effect of the advance health directive; and - (b) is capable of making the advance health directive freely and voluntarily. - (a) the nature and likely effects of each direction in the advance health directive; - (b) a direction operates only while the principal has impaired capacity for the matter covered by the direction; - (c) the principal may revoke a direction at any time the principal has capacity for the matter covered by the direction; - (d) at any time the principal is not capable of revoking a direction, the principal is unable to effectively oversee the implementation of the direction.