The Medical Treatment Planning and Decisions Act 2016 will set out the new arrangements for the appointment of a medical treatment decision maker and the option of an advance care directive (binding instructions or preferences and values in relation to medical treatment) as well as the jurisdiction of VCAT – what orders can the Tribunal make.
If a medical treatment decision maker hasn’t been appointed, the Medical Treatment Planning and Decisions Act specifies who has legal authority to make medical treatment decisions for a person who is unable to make these decisions. For example, this may be the person’s domestic partner.
A medical enduring power of attorney made before the law changes will be recognised under the new Act. This means there is no need for legal documents made before 12 March 2018 to be redone.
Medical treatment decisions – Appointing someone
A person can appoint a medical treatment decision maker with authority to make medical treatment decisions. A person will no longer make a medical enduring power of attorney to do this from 12 March 2018.
Appointing a medical treatment decision maker from 12 March 2018
There are formal requirements that will need to be met when a person appoints their medical treatment decision maker, including witnessing requirements.
We will provide you with step-by-step instructions about how to do this.
Creation of new legal documents – Advance care directive
The new laws will allow for the creation of new legal documents called advance care directives. Advance care directives may include either or both:
- an instructional directive with legally binding instructions about future treatment the person consents to or refuses
- a values directive which documents the person’s values and preferences for future medical treatment.
Decisions about their financial and personal matters – The enduring power of attorney
After the law changes, a person can still make an enduring power of attorney to appoint someone with authority to make decisions about their financial and personal matters. It is important to note that personal matters will no longer include health care matters.