The Public Advocate may:
- give preliminary assistance to help resolve the matter [Advance Care Directives Act 2013 (SA) s 45(1)]
- mediate the matter [s 45(2)]
- make a declaration about certain specified matters [s 45(5)(a)]
- a declaration as to the nature and scope of a person's powers or responsibilities under the advance care directive
- a declaration as to whether or not a particular act or omission is within the powers, or discharges the responsibilities, of a person under the advance care directive
- a declaration as to whether or not the person who gave the advance care directive has impaired decision-making capacity in relation to a specified decision
- give advice to the parties [s 45(5)(b)].
The Public Advocate may refer a matter he is mediating to SACAT [s 45(3)], or refer a request for a declaration or advice on the basis that it would be more appropriate for the matter to go to SACAT [s 45(7), s 46].
See the Office of the Public Advocate's website for more information.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.