Section 7Part 2 — PRINCIPLES OF ADVANCE HEALTH CARE DIRECTIVES
Principles for directives
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The principles in respect of directives are —
this Act recognises a validly made directive;
a mentally competent adult may make a directive and, by directive decide what quality of life that adult wishes should that adult become mentally incompetent;
an adult is, in the absence of evidence or a law to the contrary, presumed to be mentally competent to make decisions about that adult's own health care;
an adult is to be —
allowed to decide that adult's health care to the extent that that adult is able; and
supported in the making of any decisions for as long as reasonably practicable;
a mentally competent adult has the right to decide that adult's health care in any of (or in any combination of) the following ways according to that adult's background, culture, history, spiritual and religious beliefs —
by making the decision on that adult's own free will;
by delegating the decision to another person; or
by making the decision collaboratively within that adult's family or community, or both;
if a directive-maker later becomes mentally incompetent, the directive has the same authority as if the directive-maker were mentally competent;
if a dispute arises, a directive-maker's wishes are paramount and are to be implemented; and
in deciding what a directive-maker's wishes are, the following may be considered —
past wishes the directive-maker has expressed;
the directive-maker's values displayed or expressed during the directive maker's life; and
any other relevant matter.
Defined Terms
mentally competent