Medical Treatment Decision Making in VIC

What is a Medical Treatment Decision Maker appointment? 

A Medical Treatment Decision Maker is a person you choose to make decisions about your health and medical treatment in the event you cannot make these decisions for yourself. This might occur if you are very sick or have had an accident, or if you develop a cognitive impairment like dementia. It is a legal appointment and must be made by you while you have the capacity to make the appointment. It is designed to last until the end of your life, unless it is revoked or cancelled beforehand.  

You can appoint someone under an Enduring Power of Attorney to make financial and personal decisions on your behalf. This person is called an Attorney and can be the same person as your Medical Treatment Decision Maker if you wish.  

You can appoint a Medical Treatment Decision Maker as long as you are over 18, have decision-making capacity, and live in Victoria. 

What can a Medical Treatment Decision Maker make decisions about? 

A Medical Treatment Decision Maker can make decisions about:  

• Treatment required for a medical condition or injury  

• What healthcare you receive

• Consenting to an operation or dental treatment 

A Medical Treatment Decision Maker can also refuse medical treatment on your behalf if they believe this to be the decision you would have made for yourself in the circumstances. It is critical that your Medical Treatment Decision Maker understands your preferences and requirements for both existing and future medical conditions, which can be documented through an Advance Care Directive. More information about Advance Care Directives – including what they are and how you make one – can be found on the Office of the Public Advocate’s website. 

Who to appoint as your Medical Treatment Decision Maker

Your Medical Treatment Decision Maker should be someone you trust such as a spouse, family member or friend, as they must act in accordance with your values and preferences for medical treatment.  

It is essential that the person you appoint:  

• is willing to take on the role and is able to make decisions in difficult and emotional circumstances;  

• understands your needs, wishes, values and beliefs; and  

• is easy to contact when decisions need to be made.  

You cannot appoint a professional person like your doctor or accommodation provider to be your Medical Treatment Decision Maker.  

Can you appoint more than one Decision Maker?

Only one person can act as your Medical Treatment Decision Maker, but it is possible to appoint a second person to act if the first Medical Treatment Decision Maker is unavailable or cannot be contacted. 

How to appoint a Medical Treatment Decision Maker 

A form must be completed to make the appointment of a Medical Treatment Decision Maker that details who you are appointing, how they make decisions, and what they can and can’t do. The form must be witnessed by a registered medical practitioner, or a person authorised to witness affidavits and must also be accepted by the Medical Treatment Decision Maker in the presence of an adult witness. 

When does the appointment of a Medical Treatment Decision Maker start and finish? 

Your Medical Treatment Decision Maker only has authority to make decisions on your behalf if you lack decision making capacity and can no longer make such decisions for yourself.

Your capacity is your ability to:

• Understand the facts

• Understand the main choices

• Weigh up the consequences of your choices

• Understand how consequences affect you and others

• Communicate your decision.

Your capacity to make different types of decisions can be affected or lost due to illness, disorders such as dementia, or impacts from an accident.

It is important to plan for the future and appoint a Medical Treatment Decision Maker before you lose capacity, so you can be confident that someone that you trust will make decisions about your medical treatment for you if you can no longer make them yourself.

A Medical Treatment Decision Maker appointment continues for as long as you need it unless: 

• you revoke (cancel) it while you have capacity; 

• your Medical Treatment Decision Maker resigns, dies or is unable to carry out the role; 

• the appointment is changed or revoked by the Victorian Civil and Administrative Tribunal; or

• you die.

Cancelling a Medical Treatment Decision Maker Appointment

You can cancel a Medical Treatment Decision Maker appointment at any time as long as you have the capacity to do so. This is done by signing a Revocation of Medical Treatment Decision Maker form.