C.C.S.M. c. H27

The Health Care Directives Act

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Table of Contents

1 Definitions
2 Capacity
3 Act subject to Mental Health Act
4 Who may make a directive
(2) Age of capacity
(3) Presumption re age
5 Directive may express decisions or appoint proxy
6 Directive effective during incapacity
(2) Capacity at certain times and re certain treatments
7 Effect of decision in directive
(2) Effect of decision made by a proxy
8 Directive must be in writing
(2) Execution
8.1 Remote witnessing
(2) Additional wording required
9 Revocation
(2) Automatic revocation on divorce
10 Directives from other jurisdictions
11 Prescribed form of directive
12 Capacity and age of proxy
13 Principles
14 Limitation on proxy's consent
15 More than one proxy
(2) Joint proxies
(3) Disagreement between joint proxies
16 No delegation
17 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
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
27.1 Regulations
28 and 29 [amendments to other Acts]
30 C.C.S.M. reference
31 Coming into force