Directions, wishes and values

A competent adult may use an advance care directive to give directions about their future health care, residential and accommodation arrangements and personal affairs [Advance Care Directives Act 2013 (SA) s 9(a)].

A competent adult may also use an advance care directive to express their wishes and values about health care, residential and accommodation arrangements and personal affairs, including by specifying outcomes or interventions that they wish to avoid [s 9(b)].

Expressions of wishes regarding organ and tissue donation can also be included in an advance care directive, which can be relied on as evidence of the person's wishes when required.

A person cannot make a valid request for voluntary assisted dying in an advance care directive pursuant to the Voluntary Assisted Dying Act 2021 (SA) [Advance Care Directives Act 2013 (SA) ss 7A and 12(1a)]. In order to be eligible for voluntary assisted dying, a person must have decision-making capacity throughout the pathway which means that an advance care directive would not apply [see Voluntary Assisted Dying Pathway].

See also: Giving effect to an advance care directive.

Binding provisions

A provision of an advance care directive comprising a refusal of particular health care (whether express or implied) is a binding provision [s 19(1)].

If a binding provision of an advance care directive is expressed to apply, or to be binding, only in specified circumstances, the provision will be taken to be a binding provision only in respect of those circumstances [s 19(2)].

All other provisions of an advance care directive are non-binding provisions [s 19(3)].

If it is intended that medication will be taken pursuant to a permit issued under the Voluntary Assisted Dying Act 2021 (SA), an advance care directive may need to be remade to ensure that medical staff are not required to comply with a directive requiring life saving measures after the medication has been taken.

For information about when a health practitioner may refuse to comply with a binding provision of an advance care directive, see Giving effect to an advance care directive.