Medical Treatment Planning and Decisions – Victoria
The Medical Treatment Planning and Decisions Act 2016 (Vic.) (Act) commenced on 12 March 2018.
From that date, appointments relating to medical treatment decisions in Victoria (including decisions about medical research procedures) can no longer be made or revoked using power of attorney forms.
What does this mean?
- From 12 March 2018, you can no longer use power of attorney forms to appoint or revoke a medical treatment decision maker.
- Any appointment/revocation you have made prior to 12 March 2018, will continue to be valid.
- The following appointments, if made up to and including 11 March 2018, from 12 March 2018, will be taken to be the appointment of an ‘appointed medical treatment decision maker’ under the Act:
- The appointment of an agent or alternate agent under an enduring power of attorney (medical treatment);
- The appointment of an attorney or alternative attorney under an enduring power of attorney conferring power to make medical treatment decisions (e.g. an appointment authorising decisions for ‘personal matters’).
What type of appointments can you make or revoke using power of attorney forms?
You can continue to use the power of attorney forms to make or revoke appointments relating to decisions about:
- financial matters; and/or
- personal matters other than medical treatment decisions.
(Examples of personal matters that are not medical treatment decisions include: where and with whom you live; persons with whom you associate; what work, education or training, if any, you do; and daily living issues, such as diet, dress, etc.)
The form for revocation of a supportive attorney is not affected by the change, even if the scope of the appointment extends to medical treatment decisions.
What if after 12 March 2018 I want to make or revoke an appointment relating to medical treatment decisions?
You will need to use the new forms and information compliant to the Medical Treatment Planning and Decisions Act 2016 (Vic.) (Act), to make new appointments or revoke appointments relating to medical treatment decisions.
State Trustees is working on developing the forms compliant to the Act, together with explanatory background information. These will be available shortly.
More information about the Act
If you want to learn more about the Act, you will find some useful information on the Office of the Public Advocate website.
If you have any questions, please do not hesitate to contact us on (03) 9667 6444