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Medical treatment decision maker

What is decision making capacity?

You have decision-making capacity if you are able to:

  1. understand the information relevant to the decision and the effect of the decision

  2. retain that information to the extent necessary to make that decision

  3. use or weigh that information as part of the process of making the decision

  4. communicate the decision and the person’s views and needs as to the decision in some way, including by speech, gestures or other means.

Capacity is decision-specific. A person may have capacity for some decisions but not others.

Note: It is the responsibility of the health practitioner to determine capacity for a specific decision.

Choosing  a medical treatment decision maker

If you decide to appoint a person, or people, who will have legal authority to make medical decisions for you, think about what qualities are important to you. For example, you may want someone who:

  • is willing to listen to, and act on, your wishes rather than their own

  • is trustworthy

  • has the skill and time required

  • is willing to take on the role with all its responsibilities

  • can communicate effectively and is willing to consult with others

  • understands and respects your culture and connections with your community.

Whoever you choose should be someone you trust to respect your values and preferences.

You can appoint more than one person, but only one person acts at any one time.

How to witness a form 

You need to sign the Appointment of Medical Treatment Decision Maker in front of two witnesses.

One must be:

  • a registered medical practitioner (medical doctor); or

  • authorised to witness affidavits (such as a lawyer).

Limitations 

You can set limitations and conditions in the document of appointment.

An appointed medical treatment decision maker has the powers set out in the Act, subject to any limitations or conditions you specify in the document of appointment.

The Act sets out how a medical treatment decision maker must make a medical treatment decision.

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Only consider placing limitations if:

  • You wish to specify that the appointed medical treatment decision maker consult with particular people (noting that a medical treatment decision maker is required by the Act to consult with any person they reasonably believe you would want them to consult with in the circumstances).

  • You wish to specify that the person is only empowered to make certain types of decisions. However, if the appointed medical treatment decision maker is not empowered to make the decision (and a medical treatment decision needs to be made) whoever else would be your medical treatment decision maker would be empowered by the legislation to make the decision.

  • You wish to set an expiry date for an appointed medical treatment decision maker to be in the role. However, if the appointed medical treatment decision maker’s appointment has expired (and a medical treatment decision needs to be made) whoever else would be your medical treatment decision maker would be empowered by the legislation to make the decision.

  • You wish to specify that the medical treatment decision maker is to seek advice from the Victorian Civil and Administrative Tribunal (VCAT) in relation to specific medical treatment decisions

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