The operation of the Advance Care Directives Act 2013 was reviewed by independent Professor Wendy Lacey to ensure that the Act is working well for South Australians, and consultation closed on Friday 24 May 2019. We thank everyone who contributed, and Professor Lacey's independent Report on the Review of the Advance Care Directives Act 2013 (SA) (PDF 1MB) is now available.
There is now one Advance Care Directive Form for future health care, residential, accommodation and personal matters which will replace the existing Enduring Power of Guardianship, Medical Power of Attorney and Anticipatory Direction.
The new Advance Care Directive will allow competent adults to:
Write down their instructions, wishes and preferences for future health care, residential, accommodation and personal matters and/or
Appoint one or more Substitute Decision-Makers to make decisions on their behalf.
The Advance Care Directive will apply to any period of impaired decision-making capacity or as determined by the person.
In broad terms the Act:
has been informed by extensive consultation undertaken during the Advance Directives Review and the development of the National Framework for Advance Care Directives
takes a broad view of health and well-being and is not restricted to medical treatment decisions at the end of life
includes protections for health practitioners, substitute decision-makers and others who give effect to Advance Care Directives in good faith and without negligence
sets out clear processes for dispute resolution. Additional powers have been given to the Office of the Public Advocate to conduct voluntary mediation and to the Guardianship Board to hear disputes, review mediation outcomes, and give orders and directions to resolve matters and
moves from the Guardianship and Administration Act 1993 to the Consent to Medical Treatment and Palliative Care Act 1995 provisions settingout, in the absence of an Advance Care Directive, who can consent to health care for a person with impaired decision-making capacity.Amendments to the Consent Act also include a similar dispute resolution process to that for disputes in relation to Advance Care Directives.
Use of the information and data contained within this site or these pages is at your sole risk.
If you rely on the information on this site you are responsible for ensuring by independent verification its accuracy, currency or completeness.
This site includes links to other websites operated by community, business and government.
These linked websites will have their own terms and conditions of use and you should familiarise yourself with these.
All linked websites are linked 'as is' and the Government of South Australia:
does not sponsor, endorse or necessarily approve of any material on websites linked from or to this Site;
does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on websites linked from or to this Site;
does not make any warranties or representations that material on other websites to which this site is linked does not infringe the intellectual property rights of any person anywhere in the world; and
does not authorise the infringement of any intellectual property rights contained in material in other websites by linking this site to those other websites.
If you use automatic language translation services in connection with this site you do so at your own risk.
The information and data on this site is subject to change without notice. The Government of South Australia may revise this disclaimer at any time by updating this posting.
The Government of South Australia, its agents, instrumentalities, officers and employees:
make no representations, express or implied, as to the accuracy of the information and data contained on this site
make no representations, express or implied, as to the accuracy or usefulness of any translation of the information on this site or any linked website into another language
make no representations as to the availability of the site and the availability of websites linked from or to the site
accept no liability however arising for any loss resulting from the use of the site and any information and data or reliance placed on it (including translated information and data)
make no representations, either expressed or implied, as to the suitability of the said information and data for any particular purpose
accepts no liability for any interference with or damage to a user's computer, software or data occurring in connection with or relating to this Site or its use or any website linked to this site
do not represent or warrant that applications or payments initiated through this site will in fact be received or made to the intended recipient. Users are advised to confirm the application or payment by other means.