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

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, 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 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.
  • the person is in such default of their powers as they are not fit to continue.

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

Replacing a substitute decision-maker due to 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.

See Review of ACD decisions for more information.