An enduring power of attorney (medical treatment) is a document whereby you appoint someone (your medical agent) to make decisions regarding your medical treatment when you are unable to decide for yourself.
Only one person can be appointed as your medical agent, although you can appoint a second person as an alternative agent should your agent be unavailable when a decision needs to be made.
Why do you need one?
To consent to medical treatment, you must be 18 years or older and have the ability to understand the nature and effects of the decision about treatment. An appointed medical agent is able to make an informed decision on your behalf if you lack this capacity to understand.
What can a medical agent do?
A medical agent has the power to consent to, or refuse, medical treatment on your behalf. This includes your involvement in any medical research.
Your medical agent can only refuse medical treatment if:
- the treatment would cause you unreasonable distress, or
- your agent reasonably believes that you would consider the treatment unwarranted.
For certain types of medical procedures, your medical agent must apply to the Victorian Civil and Administrative Tribunal before the procedure is carried out. Examples of such procedures include where a treatment or procedure:
- is likely to lead to infertility;
- terminates a pregnancy; or
- removes tissue for transplant;
Your medical agent cannot refuse palliative care on your behalf. This includes giving you food and water and pain relief.
Obviously, the role of a medical agent is extremely important. You should make your wishes known to your appointee. This can involve the drafting of an overall advanced care plan, or just an essential elements plan.
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