An Appointment of Medical Treatment Decision Maker document is a document whereby you appoint someone (your medical treatment decision maker) to make decisions regarding your medical treatment when you are unable to decide for yourself.
Only one person can be appointed as your medical treatment decision maker, although you can appoint a second person as an alternative medical treatment decision maker 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 treatment decision maker is able to make an informed decision on your behalf if you lack this capacity to understand.
What can a medical treatment decision maker do?
A medical treatment decision maker has the power to consent to, or refuse, medical treatment on your behalf. This includes your involvement in any medical research.
Your medical treatment decision maker can only refuse medical treatment if:
- the treatment would cause you unreasonable distress, or
- your medical treatment decision maker reasonably believes that you would consider the treatment unwarranted.
For certain types of medical procedures, your medical treatment decision maker 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 treatment decision maker cannot refuse palliative care on your behalf. This includes giving you food and water and pain relief.
Obviously, the role of a medical treatment decision maker 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.
Some other resources you
might find helpful
Estate Planning Document Health Check
If you have not reviewed your Will and Powers of Attorney recently, you may want to review these documents to ensure that they are up to date with your current circumstances.
Supportive Powers of Attorney
If you or someone you care for requires assistance in understanding, making or executing personal and financial decisions, then you may want to prepare a Supportive Power of Attorney.
Significant Amendments to the Bail Act 1977 – Effective from 26 March 2025
The Victorian Parliament has recently passed significant amendments to the Bail Act 1977, introducing critical changes to the legal framework governing bail decisions, and the matters bail decision makers are required to consider when hearing applications.