Changes to Medical Decision Making
An important thing happened last year. The Medical Treatment Planning and Decisions Act 2016 was passed by the State Government in November 2017. The Act enshrined advance care directives in law and at the same time established a single framework for medical treatment decision making. The changes came into effect yesterday (12 March 2018).
Read on to find out how these changes may impact on you and your loved ones ….
What does this mean?
Starting yesterday, the laws supporting medical decision making in Victoria have changed, in line with the commencement of the Medical Treatment Planning and Decisions Act 2016.
What are the changes?
Advance care directives, which we’ll discuss shortly, are now enshrined in law, meaning that they are legal documents, which must be adhered to. The other major change is that you no longer appoint a medical enduring power of attorney. Instead you can appoint a medical treatment decision maker, as discussed below, to make medical decisions for you, if you cannot do this for yourself.
What are advanced care directives?
Advance care planning, which you may have heard of, refers to the process which allows people to make plans about their future health care.
An advance care directive (ACD) is a legal document which enables people, aged 18 years or over, to make provisions for health care in the event that, in the future, they are unable to make decisions themselves. As indicated previously, the instructional directives in the ACD are now legally binding. ACDs may include instructions about future treatment the person consents to or refuses and/or a values directive which documents the person’s values and preferences for future medical treatment. A person may also appoint one or more medical decision makers to make decisions on their behalf.
Do I have a choice?
People can choose to have an ACD, or not. Importantly, it is an offence under the law to force someone to have an ACD or to make them write things that they do not want for themselves. Additionally, ACDs cannot be used to make financial decisions. Similarly, you can also choose to have a medical treatment decision maker, or not.
What does this mean for you and me?
A person can now appoint a medical treatment decision maker with authority to make medical treatment decisions on their behalf. For example, you might wish to appoint a partner, child or sibling to make medical decisions for you. A formal process needs to be undertaken when a person appoints a medical treatment decision maker, which includes signing and witnessing legal paperwork.
What if you already have a medical enduring power of attorney?
A medical enduring power of attorney made before the law changed will continue to be recognised under the new Act.
What happens if I do not appoint someone to make medical treatment decisions for me?
The Medical Treatment Planning and Decisions Act 2017 specifies who has legal authority to make medical treatment decisions for a person who is unable to make these decisions and who has not appointed a medical treatment decision maker.
Can you still make an enduring power of attorney?
A person can still make an enduring power of attorney if they wish to appoint someone with the authority to make decisions about their financial and personal matters, but not health care matters.
Last words?
Talk to your doctor if you would like more information about ACD or you would like to have a conversation about advance care planning for yourself and/or a loved one.
Resources for the Community
Office of the Public Advocate – brief overview
http://www.publicadvocate.vic.gov.au/upcoming-changes-to-medical-decision-making-laws
Victorian State Government – detailed information
Resources for Health Professionals