FAQ
A medical treatment decision maker (MTDM) is a person appointed under the Medical Treatment Planning and Decisions Act 2016 (Vic) to make medical treatment decisions on your behalf if you lose the ability to make or communicate those decisions yourself. This role is distinct from an enduring power of attorney, which covers financial and personal (non-medical) matters under the Powers of Attorney Act 2014 (Vic). Your medical treatment decision maker can consent to or refuse any medical treatment on your behalf, including decisions about life-sustaining treatment.
You can appoint any person aged 18 or over who is not your paid carer or a health professional currently involved in your treatment. The person must accept the appointment. Common choices include a spouse or domestic partner, adult child, parent, sibling, or close friend who understands your values and can make difficult decisions under pressure. You may appoint more than one person and specify whether they act jointly or independently. The Office of the Public Advocate provides resources and official forms.
An advance care directive (ACD) is a formal legal document under the Medical Treatment Planning and Decisions Act 2016 (Vic) that records your values and instructions for future medical treatment in case you lose capacity. It may include an instructional directive (binding instructions consenting to or refusing specific treatments) and a values directive (a statement of your personal values and preferences). The Office of the Public Advocate and Better Care Victoria provide guidance and approved forms.
Your medical treatment decision maker can consent to or refuse any medical treatment on your behalf under the Medical Treatment Planning and Decisions Act 2016 (Vic), including surgical procedures, medication, resuscitation, and withdrawal of life-sustaining treatment. They must follow any valid advance care directive you have made, and must make the decision they believe you would make if you had capacity, having regard to your known values and wishes. They cannot make decisions about finances or accommodation, which require a separate enduring power of attorney.
If you lose capacity without appointing a medical treatment decision maker in Victoria, the Medical Treatment Planning and Decisions Act 2016 (Vic) provides a default hierarchy. In order of priority: a VCAT-appointed guardian with medical authority; a spouse or domestic partner in a close and continuing relationship; a primary carer; your nearest available senior next of kin; or the Public Advocate as a last resort. Disputes between competing decision makers or about the validity of a directive can be referred to VCAT.
Yes. Through an instructional directive within your advance care directive, you can give legally binding instructions consenting to or refusing specific medical treatments. For example, you can specify that you do not want cardiopulmonary resuscitation (CPR), mechanical ventilation, or artificial nutrition in specified circumstances. A medical practitioner must follow a valid instructional directive. The Health Complaints Commissioner handles complaints about how medical treatment decisions are managed in Victoria. We can assist you in preparing the relevant documents and referring you to appropriate healthcare professionals.