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    Disputes about advance care directives

    Assistance from the Office of the Public Advocate
    South Australian Civil and Administrative Tribunal (SACAT)
    Urgent review by Supreme Court

    Disputes that may be dealt with by the Office of the Public Advocate or SACAT

    Pursuant to s 44 of the Advance Care Directives Act 2013 (SA), the Office of the Public Advocate or SACAT may be able to resolve disputes about:

    • the giving or revoking of an advance care directive
    • a decision, or proposed decision, under an advance care directive
    • the provision, or proposed provision, of health care to a person who has given an advance care directive (including the withdrawal or withholding of health care)
    • a matter related to the residential and accommodation arrangements and personal affairs of a person who has given an advance care directive [Advance Care Directives Regulations 2014 (SA) reg 13].

    Those who may go to the Office of the Public Advocate or SACAT for assistance about an advance care directive are [s 43]:

    • the person who gave the advance care directive
    • a substitute decision-maker appointed under the advance care directive
    • a health practitioner providing, or proposing to provide, health care to the person who gave the advance care directive
    • any other person who satisfies the Office of the Public Advocate or SACAT that they have a proper interest in a particular matter relating to the advance care directive.
    Disputes about advance care directives  :  Last Revised: Wed Feb 21st 2024
    The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.

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