Report on Bioethics: Advance Care Directives - Law Reform ...

3.103 As there will be times when the health care professional and theproxy may conflict, the Commission recommends that the proposed Code ofPractice on Advance Care Directives should contain guidance on how thismatter may be resolved.3.104 The Commission recommends that the maker of an advance caredirective can confer a limited power on the maker of an advance care directivewhich can beEnsuring that the wishes of the maker of the advance care directive arecarried outConsultation with a health care professional if there is ambiguity in theadvance care directive3.105 The Commission recommends that the maker of an advance caredirective can confer a general power to refuse health care decisions on a healthcare proxy, except artificial life-sustaining treatment.3.106 The Commission recommends a health care proxy will not have thepower to refuse artificial life-sustaining treatment unless the advance caredirective explicitly states that the health care proxy has such a power.3.107 The Commission recommends the proposed Code of Practice onAdvance Care Directives should include guidance on resolving any disputesbetween a healthcare proxy and a health care professional.(2) Unwritten and written advance care directives3.108 The Commission has recommended that an advance care directivecan, in general, take an unwritten or written form. 117 The Commission notes thatan advance care directive appointing a proxy can be made in the context ofemergency situations. Thus to require such an advance care directive to bewritten would be unduly restrictive.3.109 If, however, an advance care directive that includes the appointmentof a healthcare proxy is written, the Commission recommends that the advancecare directive should includeName of the proxyAddress of the proxy3.110 An advance care directive which grants the health care proxy thepower to refuse artificial life-sustaining treatment must be contained in a writtenadvance care directive. The maker of the advance care directive must statewhether the health care proxy has a general power to refuse artificial life-117See paragraph 3.41.87