Enduring Power of Attorney (Medical) VIC
Use Cleardocs to create an Enduring Power of Attorney (Medical Treatment) for use in Victoria, Australia. This legal document allows a person to:
appoint someone as their agent to make decisions about their medical treatment in the event they are unable to make those decisions themself
Time taken to complete 10 minutes.
Cost $ 59.95 (inc GST).
Legal Sign-offThe master documents are written in plain language and are signed-off by our lawyers at Maddocks.
What documents are included in the Cleardocs Enduring Power of Attorney (Medical) Victoria?
You will receive:
- the Enduring Power of Attorney (Medical Treatment) – the legal document the person uses to appoint their agent;
- a Statement of Acceptance of Proposed Agent;
- a Statement of Acceptance of Proposed Alternate Agent (if applicable);
- Witness Certificates; and
- an Establishment Kit explaining what to do next.
When is it useful to have an Enduring Power of Attorney (Medical Treatment)?
If a person is temporarily or permanently incapacitated, then they may be given emergency medical treatment without their consent. This is allowed under the law.
However, the law says that medical treatment other than in an emergency can be given only if the person to be given the treatment consents to that treatment. For that consent to be given, either:
- they can consent themselves; or
- their agent can consent for them — if they are unable to consent themselves and have appointed an agent under an Enduring Power of Attorney (Medical Treatment). The agent can agree to, or refuse, medical treatment on behalf of the person.
In some cases, the power to refuse medical treatment is important. For example, a person may wish to appoint someone to make these decisions for them and to refuse treatment if they:
- do not want to be put on life support; or
- do not want to have medical intervention that — although it may prolong their life — will have little therapeutic value.
When does the agent's appointment commence?
The agent's appointment commences when the document is signed.
An agent's appointment continues even if the person giving the power is unable to make decisions about their own medical treatment, either:
- temporarily — for example, if they are unconscious as a result of an accident or illness; or
- permanently — for example, through dementia or a brain injury.
Who can be an agent?
Anyone can be an agent — as long as they are:
- over 18 years of age; and
- not a bankrupt.
What considerations must a guardian take into account?
If an agent is making decisions on the other person's behalf about the medical treatment that person is to receive (or not), then the law says the agent must:
- act in the other person's best interests;
- wherever possible, make the same decision that the other person would have made in the circumstances; and
- avoid situations in which the agent has a conflict of interest.
Seek legal advice
The Enduring Power of Attorney (Medical) information here should be considered general in nature, and in no way interpreted as legal advice. You must always seek your own independent legal, accounting and financial advice about your particular situation. The summary on this page is for information purposes only.
Questions or further information
If you have questions:
- about how to use Cleardocs, contact the Cleardocs helpline on 1300 307 343.
- about legal issues, contact the Cleardocs helpline on 1300 307 343. If you need advice, we will arrange for you to speak with a lawyer at Maddocks. The firm provides a free legal helpline in relation to the documents Cleardocs provides. If you require other legal advice in relation to your particular circumstances, then this will be charged for.
- Provides a person with confidence their agent will act in their best interests regarding health care
- Flexibility to appoint alternate agent in case the original agent is unable to act
- Incorporates the duties and restrictions on powers of the agent set out in the law
- Extensive online help and local phone support
- Easy to use question interface