Making a new advance care directive

It is not possible for a person to change an advance care directive [Advance Care Directives Act 2013 (SA) s 18]. If a person wishes to change, remove or add something in their advance care directive, they must make a completely new advance care directive and go through the witnessing process again.

When a person makes a new advance care directive, any previous advance care directive is automatically revoked when the new one is signed and witnessed [ss 16(1), 17(1)]. In assessing the person’s competence to make the new directive, the witness should also form an opinion that the person understands the consequences of revoking the earlier directive [s 29(1)].

Giving written notice

An advance care directive may also be revoked by the person giving, or causing to be given, a written indication that they have revoked the advance care directive [Advance Care Directives Regulations 2014 reg 10(b)].

In order for the revocation to be effective, the person must have been competent at the time of giving the notice and have understood the consequences of the revocation [s 29(1)].

If there is any doubt as to the person’s competence or understanding of the consequences of making a revocation, then SACAT must be advised of the situation. See: When the person is not competent.

Consequences of revocation

If a person who is competent revokes an advance care directive, by either making a new directive or giving written notice, they must, as soon as practicable [s 29(3)]:

It is an offence for a person to act as a substitute decision-maker knowing that the advance care directive has been revoked, with a maximum penalty of imprisonment for 10 years [s 56(2)(a)].