Reviewing an Advance Care Directive

Reviewing an Advance Care Directive to replace a substitute decision-maker

SACAT will review an Advance Care Directive to replace a substitute decision-maker who is ineligible, no longer willing to act or has been negligent in the exercise of their duties (s 51 of the Act). 

If a substitute decision-maker has their appointment cancelled SACAT can appoint another substitute decision-maker if the person who gave the ACD is competent and consents to that course, or SACAT can vary or cancel the ACD.

Who can apply?

The following persons can apply to have a substitute decision-maker replaced:

  • the person who gave the ACD
  • a substitute decision-maker appointed under an ACD
  • a health practitioner providing or wishing to give care under an ACD
  • any person who satisfies the public advocate that they a proper interest in a particular matter relating to an ACD

When will SACAT replace a substitute decision maker?

SACAT may replace a substitute decision-maker if satisfied on the evidence available to SACAT that the appointed substitute decision-maker:

  • is not a person who can be a substitute decision-maker
  • is no longer willing to act as substitute decision-maker
  • has been negligent in the exercise of his or her powers under the ACD.

Before making an application to SACAT to replace a substitute decision maker you can first seek advice from the Office of Public Advocate.

Reviewing an Advance Care Directive to replace a substitute decision-maker – change in circumstances

The Public Advocate can also apply to replace a substitute decision-maker because of a change of circumstances of the person who gave the ACD or of a substitute decision-maker under the ACD. SACAT will replace the substitute decision-maker in that circumstance if satisfied that it is no longer appropriate for the person to be the substitute decision-maker.

Right to Review of a SACAT decision

There is a right to Review of a SACAT decision to replace a substitute decision-maker under an ACD. 

Who can apply for Review of a SACAT decision (Internal Review)?

An application for Internal Review can be made by:

  • the applicant for revocation of the ACD
  • the person who gave the ACD
  • the Public Advocate
  • any person who presented evidence or material or made submissions to SACAT about the matter
  • any other person who satisfies SACAT that he or she has a proper interest in the matter.