Enduring Power of Attorney & Medical Treatment Decision Maker

Ensuring your affairs are managed according to your wishes is a critical part of planning for the future. Two essential legal tools in this regard are the Enduring Power of Attorney and the role of a Medical Treatment Decision Maker. While they may seem similar, their functions are distinct and serve different purposes during times when you may be unable to make decisions for yourself.

Enduring Power of Attorney

An Enduring Power of Attorney is a legal document that allows you to appoint someone to make decisions concerning your financial and legal matters, as well as, in some situations, personal matters like living arrangements, should you lose the capacity to do so yourself. Below are key features of this arrangement:

• Scope: It focuses primarily on financial and lifestyle choices. For example, your attorney might pay bills, manage investments, or determine where you live.

• Activation: You specify when the powers under this document should commence. They can start immediately or only if you lose decision-making capacity due to illness, accident, or similar unforeseen circumstances.

• Appointment: You can choose one or more trusted individuals to act on your behalf. If there’s more than one attorney, decisions can either be made jointly or independently depending on the terms you set.

• Legal Responsibility: The appointed attorney has a legal obligation to act in your best interests. Their decisions must align with your expressed preferences and be made with the utmost care.

  
  

Medical Treatment Decision Maker

A Medical Treatment Decision Maker, often referred to as the decision maker for health matters, is appointed under the relevant legislation in Victoria to act on your behalf in making medical treatment decisions if you lose the ability to make those decisions yourself. Here's what distinguishes this role:

• Scope: This role is specifically limited to medical and health-related decisions. For instance, they may consent to or refuse proposed medical treatments based on your known preferences and values.

• Activation: Their authority is triggered when you are deemed unable to make or communicate healthcare decisions.

• Appointment: The Medical Treatment Decision Maker is usually appointed in an advance care directive or designated following other statutory provisions.

• Legal Responsibility: The decision maker must prioritise your known wishes about medical treatment and consider your values. If your preferences aren’t known, they are required to make decisions that align with what they reasonably consider to be in your best interests.

Key Differences

Aspect	Enduring Power of Attorney	Medical Treatment Decision Maker
Area of Decision-Making	Financial, legal, and personal matters	Medical and healthcare-related matters
Activation	As specified in the document or upon incapacity	Upon incapacity to make medical decisions
Purpose	Managing assets and daily financial/personal affairs	Making medical treatment decisions

Why Have Both?

Having both an Enduring Power of Attorney and a Medical Treatment Decision Maker ensures comprehensive coverage for your decision-making needs. While the Attorney can handle matters like paying expenses and managing properties, the Medical Treatment Decision Maker safeguards your health preferences. Together, they work to maintain stability and continuity in crucial aspects of your life.

Seeking Legal Advice

It is important to appoint individuals you trust implicitly when creating either of these arrangements. The decision-making roles carry significant legal responsibilities, and their implementation might have a profound impact on your life. You should seek professional advice to structure and execute these plans effectively.

At Andrews Crosthwaite, we are here to help you navigate the process. Contact us to arrange a consultation and ensure your wishes are respected and protected.