If an advance care directive contains any of the following provisions, that provision is void and of no effect. Any other provisions of the advance care directive remain effective.
Powers of attorney
An advance care directive cannot give a power of attorney in relation to financial matters [Advance Care Directives Act 2013 (SA) s 13(1)]. This must be done under the Powers of Attorney and Agency Act 1984 (SA).
Stipulation of health care
Although a person may refuse health care of any kind, or require it to be stopped, including health care that would save or prolong their life, a health practitioner cannot be compelled to provide a particular form of health care to a person by an advance care directive [ss 6(1)-(2)].
An advance care directive cannot include a provision that is unlawful, or that would require an unlawful act to be performed , for example, euthanasia [s 12(1)(a)].
Contravention of professional standards
An advance care directive cannot include a provision that would, if given effect, cause a health practitioner or other person to contravene a professional standard or code of conduct applying to the health practitioner or person [s 12(1)(a)].
Refusal of mandatory treatment
An advance care directive cannot include a provision that amounts to a refusal of mandatory medical treatment [s 12(1)(b)].
'Mandatory medical treatment' is:
- medical treatment ordered under a community treatment order or an inpatient treatment order under the Mental Health Act 2009 [s 12(4)(a)]
- medical treatment ordered by a court [s 12(4)(b), reg 6]
- medical treatment of a kind contemplated by section 56 or 57 of the Mental Health Act 2009 [s 12(4)(b), reg 6]
- medical treatment that is the subject of a requirement or direction (however described) of the Chief Public Health Officer under the South Australian Public Health Act 2011 [s 12(4)(b), reg 6].
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