C.C.S.M. c. H27
THE HEALTH CARE DIRECTIVES ACT
| INTERPRETATION | |
| 1 | Definitions |
| 2 | Capacity |
| 3 | Act subject to Mental Health Act |
| DIRECTIVES | |
| 4(1) | Who may make a directive |
| (2) | Age of capacity |
| (3) | Presumption re age |
| 5 | Directive may express decisions or appoint proxy |
| 6(1) | Directive effective during incapacity |
| (2) | Capacity at certain times and re certain treatments |
| 7(1) | Effect of decision in directive |
| (2) | Effect of decision made by a proxy |
| 8(1) | Directive must be in writing |
| (2) | Execution |
| 9(1) | Revocation |
| (2) | Automatic revocation on divorce |
| 10 | Directives from other jurisdictions |
| 11 | Prescribed form of directive |
| PROXIES | |
| 12 | Capacity and age of proxy |
| 13 | Principles |
| 14 | Limitation on proxy's consent |
| 15(1) | More than one proxy |
| (2) | Joint proxies |
| (3) | Disagreement between joint proxies |
| 16 | No delegation |
| 17(1) | Review of misconduct by a proxy |
| (2) | Limitation on court's decision |
| 18 | Right of proxy to health information |
| 19 | Protection from liability for proxy |
| GENERAL PROVISIONS | |
| 20 | Instructions to counsel |
| 21 | No onus to inquire about directive |
| 22 | Protection from liability re treatment |
| 23 | Presumption of validity of directive |
| 24 | Gift to witness, proxy or person signing for maker |
| 25 | Existing rights not abrogated |
| 26 | No presumption arises from lack of directive |
| 27 | Offence and penalty |
| 28 and 29 | |
| 30 | C.C.S.M. reference |
| 31 | Coming into force |
