C.C.S.M. c. H27
The Health Care Directives Act
Table of Contents
INTERPRETATION | ||
1 | Definitions | |
2 | Capacity | |
3 | Act subject to Mental Health Act | |
DIRECTIVES | ||
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 | |
PROXIES | ||
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 | |
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 | |
27.1 | Regulations | |
28 and 29 | [amendments to other Acts] | |
30 | C.C.S.M. reference | |
31 | Coming into force |