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Medical Treatment Decision Makers

Appointment of Medical Treatment Decision Maker | Estate Planning Fees

What is a Medical Treatment Decision Maker?

A Medical Treatment Decision Maker is someone you appoint to make medical decisions for you when you are either temporarily or permanently unable to make them for yourself.

Why do we need to appoint a Medical Treatment Decision Maker?

Most of us take for granted our right to make decisions about the medical treatment we may or may not receive. If we become sick or injured and cannot make decisions about our own medical treatment, who makes these decisions for us?

In Victoria, the Medical Treatment Planning and Decisions Act 2016 sets out who can make medical decisions on our behalf if we cannot.

  1. Appointed Medical Treatment Decision Maker;
  2. Guardian appointed by VCAT;
  3. First person available and willing:
    • Spouse/domestic partner;
    • Primary carer (excluding paid service or accommodation providers);
    • Adult child;
    • Parent;
    • Adult sibling.

If there are two or more in the categories listed in 3, it will be the eldest.

If you have a valid ‘Enduring Power of Attorney – Medical Treatment’ which was executed before the Medical treatment Planning Decisions Act 2016 commenced on 12 March 2018, your appointed Attorney will be the person who makes decisions on your behalf solely in relation to medical treatment.

It is very important that you complete an Appointment of Medical Treatment Decision Maker so you have the peace of mind you have chosen someone you know and trust to make these decisions on your behalf.

Can I appoint more than one Medical Treatment Decision Maker?

Yes, you can. But only one can act at a time.

For example, if you appoint your three children in order from oldest to youngest, your oldest child will be called upon first. If your oldest child is unavailable or unwilling to act, then your second child will be your decision maker and so on through to the third child.
 

How do I choose a Medical Treatment Decision Maker?

You should appoint someone you know very well and who you trust to make important medical treatment decisions on your behalf. It is common to select a spouse/domestic partner, adult child, adult sibling or near relative or friend.

In making your decision, you should consider whether the person:

  • has requisite capacity;
  • is capable of making decisions in crisis situations;
  • can make decisions quickly;
  • communicates effectively with medical providers;
  • can weigh risk and ultimately make decisions in your best interests in line with your previously discussed preferences.

Does an Appointment of Medical Treatment Decision Maker need to be witnessed?

Yes.

Your signature needs to be witnessed by a registered medical practitioner or person authorised to take Affidavits in the State of Victoria and an ordinary adult witness at the same time and in their presence.

Do my appointed decision makers need to agree to be my appointed Medical Treatment Decision Makers?

Yes.

Your appointed decision makers will need to complete a Statement of Acceptance.

What happens if I want to change my appointed Medical Treatment Decision Maker?

You can revoke the appointment providing you still have decision making capacity. In the event you no longer have capacity, VCAT may revoke the appointment upon application.

The appointment will automatically cease upon death.

Fees for Wills, Powers of Attorney and Appointment of Medical Treatment Decision Makers

We charge fixed fees for standard Wills, Powers of Attorney and Appointment of Medical Treatment Decision Maker documents:

Standard Will
$440 (incl GST)

Enduring Power of Attorney
$330 (incl GST)

Appointment of Medical Treatment Decision Maker
$385 (incl GST)

Life Planning Package
Standard Will, Enduring Power of Attorney and Appointment of Medical Decision Maker – $1,000 (incl GST).

The above fixed fees are for standard documents only and include the initial consultation, preparation of the document, witnessing (or instructions for signing), sending of Statements of Acceptance to appointed Attorneys and Medical Decision Makers and provision of copies of final documents.

If your situation is more complex, we will provide you with an estimate of fees before commencing work.

Likewise, if you require more than one document and would prefer to get all your life planning and estate planning documents out of the way at once, we can tailor a fixed fee package for your situation.

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