Section 13Part 3 — ADVANCE HEALTH CARE DIRECTIVES
Presumption of validity and declarations about validity
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In the absence of evidence to the contrary, a registered practitioner or proxy is entitled to presume that —
a document that purports to be a directive apparently made under this Part is valid;
the directive-maker was an adult and mentally competent when the directive was made; and
the witnessing doctor complied with section 12(1).
A directive is valid even though —
a part of the directive was not completed if the corresponding part in the form states that the part is optional;
it does not appoint any proxy;
the directive-maker —
was not fully informed of all medical conditions, or other circumstances, to which the directive relates; or
did not seek legal or other professional advice about the directive;
the directive has a minor error (including, for example, a misspelling or an obsolete reference) that does not affect a person's ability to understand the directive-maker's wishes under the directive;
any or all of the following apply for wishes under the directive —
the wish is expressed in informal language rather than medical or technical terminology;
the wish is expressed in general terms rather than as specific instructions;
the wish needs to be inferred from their context or from other provisions of the directive; or
the wish is based solely on moral, religious or social grounds;
the directive does not contain, or has deleted, a note or checklist in the form in the Schedule; or
the directive's form is different from the form in the Schedule but its effect is the same, or substantially the same, as that under the form, including, because —
of different formatting; or
the directive contains extra material or information consistent with this Act.
In the absence of an order under this Act or of evidence of revocation under this Part, a directive is taken to have not been revoked.
Cross References
- Section 12 of Unknown
witnessing doctor duties