SACAT will review an Advance Care Directive (ACD) to replace a substitute decision-maker who is ineligible, no longer willing to act, has been negligent in the exercise of their duties or is in such default that they are not fit to be the substitute decision-maker 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 that 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.