Appointment of a Medical Treatment Decision Maker

When we think about planning for the future, most of us consider what will happen to our assets after we pass away. But it’s equally important to plan for what might happen during our lifetime if we’re ever unable to make decisions about our own medical care.

In Victoria, the Appointment of Medical Treatment Decision Maker document allows you to choose someone you trust to make medical treatment decisions on your behalf if you’re unable to do so yourself. This ensures your wishes are respected, and the right person is authorised to act for you when it matters most.

What is a Medical Treatment Decision Maker?
A Medical Treatment Decision Maker is a person you legally appoint to make medical treatment decisions for you if you lose the capacity to make those decisions yourself. This might happen because of an illness, injury or a medical condition that affects your ability to understand or communicate.

The person you appoint can consent to, refuse or make decisions about treatments such as surgery, medication and other medical procedures. Their role is to make decisions that reflect what you would want, based on your values and preferences, not their own opinions.

If you don’t make an appointment, the law sets out who will make those decisions for you. In that case, the role may fall to your spouse or partner, your primary carer, an adult child, a parent or an adult sibling. However, appointing someone yourself ensures there is no confusion and that your chosen person, someone who knows and understands you, is the one to step in.

Why is this document important?
Appointing a Medical Treatment Decision Maker gives you control and peace of mind. It ensures that if you ever become unable to make decisions about your medical care, someone you trust is legally empowered to act on your behalf.

Without this document, there can be uncertainty and delays while medical professionals try to identify the right person to make decisions. In difficult situations, this can add unnecessary stress for family members and healthcare providers.

Having this document in place helps to avoid these issues, making it clear who has the authority to act and what your wishes are. It’s an important part of your overall estate planning and complements other documents such as your Will, Enduring Power of Attorney (Financial and Personal) and an Advance Care Directive.

Who can you appoint?
Anyone 18 years or older who has the capacity to make decisions can appoint a Medical Treatment Decision Maker. The person you choose should also be 18 years or older, be someone you trust, and be willing to take on the responsibility.

This person might be a spouse, close family member, partner, or friend, someone who understands your values and what matters most to you. It’s a good idea to have an open conversation with them before making the appointment, so they are aware of your preferences and are comfortable accepting the role.

If your preferred person can’t act in the future, you can also appoint an alternate decision maker to take their place.

How the document fits into your Estate Planning
The Medical Treatment Decision Maker allows someone you trust to make medical treatment decisions on your behalf if you lose capacity. In contrast, an Enduring Power of Attorney deals with financial and personal decisions, such as managing money, property, or lifestyle matters. Together, these documents ensure that your medical, personal, and financial affairs are looked after if you ever become unable to make decisions yourself.

By having a Medical Treatment Decision Maker in place, you’re taking an important step toward ensuring your wishes are respected, your loved ones are supported, and your medical care reflects what matters most to you.

Appointing a Medical Treatment Decision Maker is a simple but powerful way to protect your future. It allows you to choose who will make decisions about your medical treatment decisions if you can’t. 

If you would like advice or assistance preparing your Appointment of Medical Treatment Decision Maker, we can guide you through the process step by step, ensuring it fits with your broader estate planning and allows you to appoint someone you trust to make medical treatment decisions on your behalf if you are ever unable to do so.