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Role of courts
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89. (1) On an application (being an application that does not involve considerations relating to life-sustaining treatment) made to it by any interested party, the court may make a declaration as to whether—
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(a) an advance healthcare directive is valid,
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(b) an advance healthcare directive is applicable, or
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(c) a designated healthcare representative is acting in accordance with the relevant powers.
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(2) On an application (being an application that involves considerations relating to life-sustaining treatment) made to it by any interested party, the High Court may make a declaration as to whether—
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(a) an advance healthcare directive is valid,
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(b) an advance healthcare directive is applicable, or
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(c) a designated healthcare representative is acting in accordance with the relevant powers.
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(3) Whilst awaiting a decision of the High Court relating to an application under subsection (2), nothing in the advance healthcare directive concerned shall be construed to prevent a person from—
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(a) providing life-sustaining treatment to the directive-maker, or
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(b) doing any act which he or she reasonably believes to be necessary to prevent—
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(i) a serious deterioration in the health of the directive-maker, or
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(ii) if the directive-maker is a pregnant woman, a deleterious effect on the unborn.
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