What is a medical treatment decision maker and why should I appoint one?

Appointing a medical treatment decision maker is an extremely important step, regardless of your age or state of health. The document appoints people to make medical decisions on your behalf if you are unable to do so yourself.

It is your medical treatment decision maker’s role to consider your preferences, values and beliefs, and make the decision that you would have made if you could make it yourself.

People often think of the classic example of whether or not to withdraw life support. However, the document provides a much broader scope.

The document can direct any registered health practitioner (such as dentists, physiotherapists, pharmacists, nurses and many more). It can also direct paramedics and non-emergency patient transport staff.

You can appoint more than one medical treatment decision maker, however only one person can act at any time. Medical decisions often need to be made quickly and if the first appointed person cannot be contacted, then the health practitioner will contact the next person, and so on.

In the absence of this document, the law provides a hierarchy of persons to be contacted in the case of making medical decisions. The person is the first person who is ready, willing and able to make the decision of the following:

  1. A guardian appointed by VCAT to make medical decisions (if applicable)

  2. Spouse or domestic partner

  3. If neither of the above, the first of the following (and if more than one, in age order):

    1. Primary caregiver

    2. Adult child

    3. Parent

    4. Adult sibling

Appointing a medical treatment decision maker is essential, because often the hierarchy provided by the law may not be suitable in your individual circumstances. By appointing a medical treatment decision maker, you are in control of who is to make medical decisions for you if you cannot.

It is important to be aware that the document does not provide instructions to your medical treatment decision makers regarding your specific medical wishes or values. You must communicate these with your decision-makers. You may also wish to discuss putting in place an Advanced Care Directive with your doctor, which provides instructions regarding specific medical treatments, views and/or values.

Will & Powers of AttorneyOFRM LawyersO'Farrell Robertson McMahon