Report on Bioethics: Advance Care Directives - Law Reform ...
Report on Bioethics: Advance Care Directives - Law Reform ...
Report on Bioethics: Advance Care Directives - Law Reform ...
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witnessed. Subsecti<strong>on</strong> (5) implements the recommendati<strong>on</strong> in paragraph 3.50c<strong>on</strong>cerning the validity of advance care directives recorded <strong>on</strong> medical recordsor in clear written forms such as ―no blood‖ cards. Subsecti<strong>on</strong> (6) implementsthe recommendati<strong>on</strong>s in paragraphs 1.106 and 3.86 c<strong>on</strong>cerning a presumpti<strong>on</strong>in favour of preserving life in the event of any ambiguity in an advance caredirective. Subsecti<strong>on</strong> (7) implements the recommendati<strong>on</strong> in paragraph 3.89that an advance care directive, whether unwritten or written, may be revokedverbally. This is c<strong>on</strong>sistent with the Council of Europe‘s 2009 DraftRecommendati<strong>on</strong> <strong>on</strong> Principles C<strong>on</strong>cerning C<strong>on</strong>tinuing Powers of Attorney and<strong>Advance</strong> <strong>Directives</strong> for Incapacity. Subsecti<strong>on</strong> (8) implements therecommendati<strong>on</strong> in paragraph 3.93 c<strong>on</strong>cerning lapse of time between makingan advance care directive and its activati<strong>on</strong>.Health care proxy6.— (1) A health care proxy may be appointed under an advance care directive.(2) The maker of an advance care directive may c<strong>on</strong>fer <strong>on</strong> a health careproxy powers limited to —(a) ensuring that the terms of the advance care directive are carried out,and(b) c<strong>on</strong>sulting with a health care professi<strong>on</strong>al in the event that there isambiguity in any provisi<strong>on</strong> of the advance care directive.(3) (a) The maker of an advance care directive may c<strong>on</strong>fer <strong>on</strong> a healthcare proxy a general power to refuse health care treatment, with theexcepti<strong>on</strong> of refusal of life-sustaining treatment.(b) (i) The maker of an advance care directive may c<strong>on</strong>fer <strong>on</strong> a healthcare proxy a specific power to refuse health care treatment, includingrefusal of life-sustaining treatment.(ii) Where the maker of an advance care directive c<strong>on</strong>fers <strong>on</strong> a healthcare proxy a specific power to refuse life-sustaining treatment, theadvance care directive shall be witnessed.(4) (a) An advance care directive that includes the appointment of ahealth care proxy need not be in writing.118