The prospect of losing the capacity to make medical decisions can be a challenging and sobering reality.
Understanding who can make medical decisions on your behalf and the process of appointing these decision makers is crucial for ensuring that your healthcare preferences are respected in times of need.
The Medical Treatment Planning and Decisions Act 2016 governs the appointment of medical treatment decision makers in Victoria. This legislation acknowledges the significance of personal autonomy in healthcare and provides a framework for individuals to designate someone to make medical decisions on their behalf if they become unable to do so.
When an individual loses the capacity to make their own medical decisions, a legally appointed medical treatment decision maker steps into this crucial role. The first priority for decision-making falls to a person’s appointed Medical Treatment Decision Maker, sometimes known as a medical power of attorney. This is an individual chosen by the person themselves to make decisions about medical treatment when they are unable to do so.
The medical enduring power of attorney has the authority to make decisions regarding medical treatment, including consenting or refusing treatment, based on the wishes and values of the person they represent. It is essential for individuals to choose someone they trust implicitly and who understands their values and preferences regarding medical care.
Appointing a medical treatment decision maker involves a legal process where the individual completes a prescribed form. This documentation ensures that the appointed person is officially recognised as the medical treatment decision maker.
It’s important to note that the person chosen as a medical enduring power of attorney must be over 18 years old and not prohibited by law from making medical decisions. Additionally, the individual must have the capacity to understand the nature and effect of the medical enduring power of attorney appointment.
If an individual has not appointed a medical enduring power of attorney and loses the capacity to make medical decisions, the law outlines a hierarchy of substitute decision-makers. This hierarchy includes the spouse or domestic partner, followed by the primary carer, a close friend or relative, and finally, the Office of the Public Advocate if no suitable person is available.
Appointing a medical treatment decision maker in Victoria is a proactive and empowering step toward ensuring that your healthcare preferences are respected even if you lose the capacity to communicate them. The Act provides a legal framework for such appointments, emphasising the importance of individual autonomy in healthcare.
Taking the time to carefully select and appoint a trusted medical enduring power of attorney is a crucial aspect of comprehensive healthcare planning, providing peace of mind for both the individual and their loved ones.
