- The present mind-map does not constitute legal advise.
- The author is merely sharing the compilation of their research to help the reader familiarise with the topic.
- The author has no conflict of interest and has produced this document of their own personal initiative and responsibility.
- This document can be shared free of charge. No copyright.
- A "Medical Power of Attorney" does not exist in Victoria under this name, but the concept remains valid and its implementation is explained below.
- In brief, the principle is to appoint a "Medical Treatment Decision Maker" and make your wishes know ahead of time through an "Advance Care Directive".
- All the dispositions available to you are set out in The Medical Treatment Planning and Decisions Act 2016.
Everything is explained in this document:
- "Take control of your future decision making - An introduction"
- Simplified explanation: "Plan for the future - Decisions about your medical treatment"
Steps to take:
"Medical Treatment Decision Maker"
- You have the right to make your own medical treatment decisions.
- However, if you experience an injury or illness that means you are unable to make decisions, either temporarily or permanently, If this happens to you, Victoria’s Medical Treatment Planning and Decisions Act 2016 specifies who has legal authority to make medical treatment decisions for you. This person is called your medical treatment decision maker.
Medical treatment decision maker list by order of priority
- 1. Your appointed medical treatment decision maker (if you have one)
- 2. A guardian appointed by VCAT to make decisions about your medical treatment
3. The first of the following people who is in a close and continuing relationship with you:
- - your spouse or domestic partner
- - your primary carer
(not a paid service provider)
- - your adult child
- - your parent
- - your adult sibling
- From experience, we know the medical profession does not really take into account the wishes expressed by the family => It is thus better to formally appoint a "Medical Treatment Decision Maker".
- On this page, look for "Appointment of medical treatment decision maker form" for up to 2 decision makers
- On this page, look for "Appointment of medical treatment decision maker form (long)" for up to 4 decision makers
- For instructions to fill in the form, look for "Checklist of steps for appointing your medical treatment decision maker"
"Advance Care Directive"
- An advance care directive is a legal document in which you can:
- record your values and preferences for your medical treatment (a values directive)
- make legally binding statements directed to your health practitioners, in which you consent to, or refuse, specific future medical treatment (an instructional directive).
- On this page, look for "Advance Care For Adults"
"Enduring Power of Attorney"
- This will appear to reinforce the authority of your Medical Treatment Decision Maker (as it is another official document proving you trust this person) and more importantly will give this person the right to make financial decisions on your behalf in case you are not able to.
- This appointment is made under the Victorian Powers of Attorney Act 2014
- NOT FOR MEDICAL DECISIONS
"Medical Support Person"
- On this page, look for "Appointment of support person form"
Get your will done.
- Contact a solicitor for this.
A.I.F Lucas & Co Solicitor offer a free phone consultation
Send an email to
Include the following reference:
- "Note: Kovess/WOW referral"
- Include your name, address, phone number, email and brief statement of enquiry.
- Note: A.I.F Lucas & Co Solicitor are not associated with the author of the present document.
Implication for mental health services
- Mental health decisions
- Note: in case of compulsory institutionalisation, your wishes and attorney can be over-ridden.
Public Advocate Victoria
- Comprehensive resource for Victoria
- Advance Care Planning website for Australia
- Info about the different states in Australia
- Company that can draft the documents for you
- Not tested nor recommended by us.
- In the MindMap below, click on the links to be redirected to the relevant sources and documents.