Uniform Acts Drafting Conventions

Advance Directives in Health Care

(1992 Proceedings at page 42)

April 1996

Recognition of foreign health care directives

Definition of health care directive

1. In this Part, "health care directive" means a document that contains,

(a) a direction that relates to the health care of the person making the document and is to take effect when that person is unable to make decisions about his or her own health care; or

(b) an appointment of a person to make decisions relating to the health care of the person making the document when that person is unable to make decisions about his or her own health care.

Effect of foreign directives

2. (1) A health care directive, whether it is made in [enacting jurisdiction] or not, has the same effect as though it were made in accordance with this Act if,

(a) it meets the formal requirements of this Act; or

(b) it was made under and meets the formal requirements established by the legislation of,

(i) the jurisdiction where the directive was made, or

(ii) the jurisdiction where the person who made the directive was habitually resident at the time the directive was made.

(2) For the purposes of subsection (1), the formal requirements are the requirements relating to the formalities of execution of health care directives.

(3) A person implementing a health care directive may rely on a certification by a person purporting to be a lawyer [or notary - notaire] in a jurisdiction certifying that the directive meets the formal requirements of the jurisdiction.

Formal requirements not met

3. A health care directive that does not meet the formal requirements described in subsection 2(1) has the same effect as a health care directive made in [enacting jurisdiction] but that does not meet the formal requirements of the Act.

Where impractical to determine if requirements are met

4. In circumstances in which it is impractical to determine whether or not a health care directive meets the formal requirements described in subsection 2(1), the directives has the same effect as a health care directive that was made in [enacting jurisdiction] but that did not meet the formal requirements of the Act.

 

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