ADVANCE CARE DIRECTIVES

Since 1 July 2014 the Advance Care Directives Act 2013 (SA) has been in operation. This allows a person to:

  • set out values and wishes to guide decisions about their future healthcare and other personal matters
  • set out what, if any, particular healthcare they refuse and in what circumstances and
  • appoint one or more substitute decision-makers.

It will no longer be possible for a person to appoint a guardian under the Guardianship and Administration Act 1993 (SA). However, any power of guardianship executed and guardian appointed before 1 July 2014 will be taken to be an advance care directive and substitute decision-maker under the Advance Care Directives Act 2013 (SA).

It will no longer be possible to complete an anticipatory direction or make a medical power of attorney appointing a medical agent under the Consent to Medical Treatment and Palliative Care Act 1995 (SA). However, any directive or medical power of attorney given and agent appointed before 1 July 2014 will be taken to be an advance care directive and substitute decision-maker under the Advance Care Directives Act 2013 (SA).

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