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What cannot be included

If an advance care directive contains any of the following provisions, that provision is void and of no effect. Any other provisions of the advance care directive remain effective.

Powers of attorney

An advance care directive cannot give a power of attorney in relation to financial matters [Advance Care Directives Act 2013 (SA) s 13(1)]. This must be done under the Powers of Attorney and Agency Act 1984 (SA).

Stipulation of health care

Although a person may refuse health care of any kind, or require it to be stopped, including health care that would save or prolong their life, a health practitioner cannot be compelled to provide a particular form of health care to a person by an advance care directive [ss 6(1)-(2)].

Unlawful acts

An advance care directive cannot include a provision that is unlawful, or that would require an unlawful act to be performed , for example, euthanasia [s 12(1)(a)].

Contravention of professional standards

An advance care directive cannot include a provision that would, if given effect, cause a health practitioner or other person to contravene a professional standard or code of conduct applying to the health practitioner or person [s 12(1)(a)].

Refusal of mandatory treatment

An advance care directive cannot include a provision that amounts to a refusal of mandatory medical treatment [s 12(1)(b)].

'Mandatory medical treatment' is:

What cannot be included  :  Last Revised: Thu Jul 3rd 2014
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