What is an Appointment of Medical Treatment Decision Maker?
You have the right to make your own medical treatment decisions. However, if you experience illness or an accident you may be unable to make your own medical decisions (either temporarily or permanently).
An Appointment of Medical Treatment Decision Maker (“AMTDM”) is a formal legal document that allows you to give authority to a person to make medical treatment decisions on your behalf if you do not have decision-making capacity to make the decision yourself. The person you appoint to make medical decisions on your behalf is known as your medical treatment decision maker.
AMTDMs in Victoria are covered by the Medical Treatment Planning and Decisions Act 2016 (Vic), which commenced on 1 March 2018. All appointments made prior to 2018 remain valid and there is no need to alter your pre-2018 AMTDM unless you want to.
Who can I appoint to make medical decisions on my behalf?
You can nominate any person over the age of 18 as your medical treatment decision maker. Unlike under an Enduring Power of Attorney, you can only appoint one person at a time to be your medical treatment decision maker. You can appoint several back up decision makers, however they will only have the authority to make decisions on your behalf if your earlier-appointed medical treatment decisions makers are unavailable.
What kinds of decisions can be made on my behalf?
Your medical treatment decision maker is authorised to make medical treatment decisions on your behalf that they believe you would have made. In making their decisions, they must take into consideration any Advanced Care Directive that you have put in place and any other preferences that you have expressed.
An Advanced Care Directive is a detailed document that sets out legally binding instructions about your preferences for medical treatment, including what you consent to and what treatments you wish to refuse (for example, receiving life support or to be resuscitated). This is NOT the same as an AMTDM and should be completed with the assistance of your doctor.
What happens if I don't appoint a Medical Treatment Decision Maker?
If you don’t have an AMTDM in place and are no longer capable of putting one in place, the law provides a list of people who can make medical treatment decisions on your behalf. The first of the following people who is reasonably available, willing and able will be your medical treatment decision maker: a guardian appointed by VCAT for medical treatment, your spouse or partner, your primary carer, your children in age order, then your parents and siblings.
How can Novum Law Group assist you?
If you have any questions about Appointments of Medical Treatment Decision Makers or need to discuss your estate planning, our Wills & Estate Planning team would be glad to assist you. Please call us on 9063 0300 or send us an email to discuss with one of our lawyers, or click here to make an appointment.
Authors
Sheredyn Legg
