What is a Medical Treatment Decision Maker?
Have you ever wondered what would happen if you could no longer make medical decisions for yourself? Who would make medical decisions for you? Do you trust their judgement?
In Victoria, this uncertainty can be removed by appointing a trusted person to have the power to make decisions for you about your medical treatment if you are unable. This person is called a ‘Medical Treatment Decision Maker’.
To appoint a Medical Treatment Decision Maker, a document called an ‘Appointment of Medical Treatment Decision Maker Form’ is used.
This document must be signed by the person making the appointment in front of two witnesses. One of the witnesses must be a qualified witness (i.e., doctor, lawyer or Justice of the Peace).
The person accepting the Appointment of Medical Treatment Decision Maker must sign the document in front of a witness.
Your Medical Treatment Decision Maker can only make decisions on your behalf if you are unable to make these decisions because of injury or illness.
Your Medical Treatment Decision Maker should be someone you trust to respect your values and preferences for your medical treatment.
To help your Medical Treatment Decision Maker understand your medical treatment preferences and values, it is a good idea to complete an Advanced Care Directive (see Murnane Legal article What is an Advanced Care Directive?)
You can also appoint a ‘support person’ to help you to make, communicate to others and give effect to your medical treatment decisions. Unlike a Medical Treatment Decision Maker, a support person does not have the legal power to make decisions for you.
Many of my clients want the peace of mind of knowing who will make medical decisions on their behalf. Appointing a Medical Treatment Decision Maker is a simple process and can ensure the person who acts on your behalf is someone you trust.
By Mark Murnane
DISCLAIMER: This article is provided for general information purposes only. It does not constitute specific legal advice or opinion. Although our aim is to provide you with as accurate information as possible, you should not act or rely upon the information in this article without seeking the advice of an experienced lawyer who specialises in the particular area of law relevant to your inquiry. Please do not to hesitate to contact Murnane Legal to make further inquiries or to make an appointment to discuss the specifics of your situation.
