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 |