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
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.