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

The making of the advance care directive was the voluntary act of theauthor, andThe maker has not communicated alteration or withdrawal of therefusal of treatment contained in the advance care directive.[paragraph 3.77]5.29 The Commission recommends that an advance care directive will beapplicable ifThe treatment is the treatment specified in the advance care directiveAll the circumstances outlined are presentWhile competent, the author of the advance care directive said or didnothing which puts reasonable doubt in the mind of the health careprofessional that the author had changed their mind but did not havethe opportunity to revoke the advance care directive.If the advance care directive is ambiguous, there will be a presumptionin favour of the preservation of life. [paragraph 3.86]5.30 The Commission recommends that the High Court be empowered todetermine whether an advance care directive exists, whether it is valid andwhether it is applicable to the relevant treatment under consideration.[paragraph 3.87]5.31 The Commission recommends that a competent person can verballyrevoke their advance care directive regardless of whether there is a verbal orwritten advance care directive. [paragraph 3.89]5.32 The Commission recommends that the proposed Code of Practice onAdvance Care Directives should recommend that advance care directives arereviewed regularly, but that there should be no specific time limit put on thevalidity of advance care directives. The Commission also recommends,however, that a health care professional may take into consideration the lapseof time between the making of an advance care directive and its activation.[paragraph 3.93]5.33 The Commission recommends the establishment of a register ofadvance care directives, especially those which must be in writing under theproposed statutory framework, and that suitable guidance on its developmentcould be given in the proposed Code of Practice on Advance Care Directives.[paragraph 3.96]5.34 The Commission recommends that the maker of an advance caredirective can confer a limited power on the maker of an advance care directivewhich can be105