Acts and Regulations

2016, c.46 - Advance Health Care Directives Act

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Powers and duties of a proxy
11(1)A proxy shall act in accordance with the following principles:
(a) act in accordance with any decisions and statements of the maker’s values, beliefs and wishes expressed in a health care directive;
(b) if decisions are not expressed in a health care directive, act in accordance with any wishes that the proxy knows the maker expressed when the maker had capacity, and believes the maker would still act on if capable; and
(c) if decisions are not expressed in a health care directive and the proxy has no knowledge of the maker’s wishes, act in what the proxy believes to be the best interests of the maker.
11(2)Unless a health care directive expressly provides otherwise, a proxy shall not
(a) delegate his or her authority to make decisions, and
(b) collect or receive a fee or compensation for acting under his or her authority.
11(3)Subject to any express limitation in the health care directive, a proxy has the right to be provided with all the information necessary to make informed decisions on behalf of the maker.