Advance care directives before July 2014

Prior to July 2014, it was possible to make three different types of advance care directive: an enduring power of guardianship, a medical power of attorney, and an anticipatory direction. These forms of advance care directive are no longer available. The current advance care directive form enables a person to do anything they could have done using these previous types of directive.

However, any enduring power of guardianship, medical power of attorney, or anticipatory direction made before July 2014 is still valid. There is no need to make an advance care directive to replace a previous form.

enduring power of guardianship

While it is no longer possible for a person to appoint a guardian under the Guardianship and Administration Act 1993 (SA), any enduring 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) [sch 1 cl 35(1)].

incomplete enduring guardianship forms

If an enduring guardianship form had been created prior to July 2014 but the person appointed as the enduring guardian had not signed the acceptance section of the form, or the form had not been witnessed, then the form can still be completed (endorsed or signed or both) [sch 3 cl 1(3) Advance Care Directives Regulations 2014]. Upon endorsement and signing, the enduring guardianship form will be taken to be an advance care directive [sch 3 cls 1(3)(c), (7)]. Any incomplete enduring guardianship forms must be completed by 31 December 2015 [sch 3 cl 1(3(b)(ii)]. After this date, an advance care directve form must be used.

medical power of attorney

While it is no longer possible to make a medical power of attorney appointing a medical agent under the Consent to Medical Treatment and Palliative Care Act 1995 (SA), any medical power of attorney executed 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) [sch 1 cl 33(1)].

anticipatory directions

Similarly, while it is no longer possible to complete an anticipatory direction under the Consent to Medical Treatment and Palliative Care Act 1995 (SA), any anticipatory direction made before 1 July 2014 will be taken to be an advance care directive under the Advance Care Directives Act 2013 (SA) [sch 1 cl 32(1)].

Natural Death Act forms

Formerly, the Natural Death Act 1983 (SA) enabled a person suffering from a terminal illness to complete a form similar to an anticipatory direction form. In 1995 the Act was revoked, but any declarations made before 1995 were still valid under the Consent to Medical Treatment and Palliative Care Act 1995 (SA). Natural Death Act directions made before 1995 are still valid and taken to be an advance care directive under the Advance Care Directives Act 2013 (SA) [sch 1 cl 34(1)].

multiple forms

If a person has made more than one of an enduring power of guardianship, a medical power of attorney, and an anticipatory direction, they are all valid, but they are treated as one advance care directive under the Advance Care Directives Act 2013 (SA) [sch 1 cl 36].

Provisions contrary to the Advance Care Directives Act 2013

As these pre July 2014 forms are taken to be advance care directives, any provision they may contain that is contrary to the Advance Care Directives Act 2013 (SA) is of no effect [sch 1 cl 32(2), 33(2), 34(2), 35(2); sch 3 cl 1(6)]. See: What cannot be included.

Revocation of pre July 2014 forms

As the pre July 2014 forms are taken to be advance care directives, they can be revoked in the same way as an advance care directive. See: Changing or revoking an advance care directive. A competent adult who has made one or more of the former advance care directives may choose to revoke them by making a new advance care directive. If a person has more than one of the former directives, making a new advance care directive will revoke all of them.

Disputes

Any disputes concerning pre July 2014 forms are dealt with as if the forms were advance care directives. See Disputes.

Advance care directives before July 2014  :  Last Revised: Fri Jun 5th 2015
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