Changes to Medical Treatment Decision Making

The Medical Treatment Planning and Decisions Act 2016 will commence in Victoria on 12 March 2018 and will apply to medical treatment decision making.

What was known as the Medical Enduring Power of Attorney will be replaced, enabling a person to appoint a Medical Treatment Decision Maker to make medical decisions on their behalf. Similar to the Medical Power of Attorney, the decision making power will only operate once a person has lost capacity.

When making medical decisions for another, a Medical Treatment Decision Maker will be required to consider any Advanced Care Directives that a person has made, including:

• Instructional Directives that relate to particular treatment whereby a person can advise what their desired or undesired treatment may be; and
• Value Directives where a person can specify their overarching values to influence and educate a Decision Maker in relation to their medical treatment.

The Act also introduces Support Persons who can support a person with their medical affairs, such as:

• Assisting a person with language barriers; and
• Booking medical appointments on a person’s behalf.

It is important to note that Medical Enduring Powers of Attorney will still operate after the commencement date.

If you would like confidential and personalised advice about how the upcoming changes may impact you, please speak to our Commercial Law team, led by Senior Associate Siew Goh.