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Disputes about advance care directives

Disputes that may be dealt with by the Public Advocate or SACAT

If there is a dispute about [s 44]:

  • the giving or revoking of an advance care directive
  • a decision, or proposed decision, under an advance care directive
  • the provision, or proposed provision, of health care to a person who has given an advance care directive
  • a matter related to the residential and accommodation arrangements and personal affairs of a person who has given an advance care directive [Advance Care Directives Regulations 2014 (SA) reg 13]

then the Public Advocate or SACAT may be approached to resolve the dispute.

The Public Advocate or SACAT may refer any question of law for the opinion of the Supreme Court [s 53].

Those who may go to the Public Advocate or SACAT for assistance about an advance care directive are [s 43]:

  • the person who gave the advance care directive
  • a substitute decision-maker appointed under the advance care directive
  • a health practitioner providing, or proposing to provide, health care to the person who gave the advance care directive
  • any other person who satisfies the Public Advocate that he or she has a proper interest in a particular matter relating to the advance care directive.
Disputes about advance care directives  :  Last Revised: Fri Mar 27th 2015
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