ENDURING POWER OF ATTORNEY (MEDICAL TREATMENT) NOW REPLACED BY ADVANCE CARE DIRECTIVE AND MEDICAL TREATMENT DECISION MAKER PROVISIONS

On 12 March 2018 the Enduring Power of Attorney (Medical Treatment) legislation was repealed and documents under that Act were abolished.  Existing grants are still valid – such Appointees becoming Medical Treatment decision makers.  The new regime replacement documents require that an Advanced Care Directive is executed and – if desirable – a Medical Treatment Decision Maker is appointed.

Unlike the repealed Enduring Power of Attorney (Medical Treatment) Law there is no prescribed form for an Advanced Care Directive.  Such important documents detailing a person’s values and instructions for a nominated Medical Treatment Decision Maker to consider ans(in circumstances relating to refusal or consent to certain medical treatment) to follow must be prepared by well-informed practitioners including Lawyers and Medical Professionals.

Not only elderly people but everyone is encouraged to engage in advanced care planning.  Options may include:

  • Advanced Care Directive document prepared and properly executed.
  • Appointing of a Medical Treatment Decision Maker.
  • Appointing a Medical Support Person.
  • Writing preferences and values for future medical treatment.