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 | |
