Guides / Medical decisions
Medical treatment decision maker and advance care directive
A Victorian enduring power of attorney made now cannot authorise medical treatment decisions. Those are dealt with under the Medical Treatment Planning and Decisions Act 2016 (Vic), by appointing a medical treatment decision maker and, if you wish, making an advance care directive.
Medical treatment decision maker: in short
- An adult who has decision making capacity can appoint another adult as their medical treatment decision maker.
- You can appoint more than one. The one who acts is the first person listed who is reasonably available, willing and able at the time.
- They decide when you do not have the capacity to make the medical treatment decision yourself.
- The appointment is signed in front of two adult witnesses. At least one must be a registered medical practitioner or a person authorised to take affidavits. A witness cannot be a person being appointed.
- Each person appointed must accept in writing on the same document, in front of an adult witness, before the appointment takes effect.
- The Act does not provide for witnessing by video link.
If you appoint no one
The decision maker is the first of these who is reasonably available, willing and able:
- a person you appointed;
- a guardian appointed by VCAT with power over medical treatment;
- the first of the following who is in a close and continuing relationship with you: your spouse or domestic partner; your primary carer; then the first of an adult child, a parent or an adult sibling. Where more than one person fits a description, the oldest.
Advance care directive
A document that sets out your binding instructions, or your preferences and values, about medical treatment for a time when you do not have the capacity to decide. It can contain an instructional directive, a values directive, or both. An instructional directive is an express statement consenting to or refusing treatment, and it takes effect as if you had consented or refused. A values directive states the preferences and values on which you would like decisions made for you. The directive must be in writing in English and signed in front of two adult witnesses. At least one witness must be a registered medical practitioner, and neither can be your appointed medical treatment decision maker.
Older documents
An enduring power of attorney (medical treatment) or enduring power of guardianship made before the 2016 Act commenced in 2018 remains valid. [CHECK: transitional provisions of the 2016 Act.]
Do we prepare these?
[CHECK: whether we offer the appointment and the directive, alone or with an enduring power of attorney, and the fee.]
The forms
The Department of Health publishes the forms: the appointment of a medical treatment decision maker (short and long), the advance care directive with instructions, and forms to revoke or resign. [CHECK: add the link.]
Next step
For an enduring power of attorney covering financial and personal matters, send instructions or call 1800 776 529.
Medical treatment decision maker: the law
- Medical Treatment Planning and Decisions Act 2016 (Vic) ss 6, 12, 13, 16, 17, 26, 28, 29, 36, 55.
- Powers of Attorney Act 2014 (Vic) ss 3, 155.
Last reviewed: November 2026. This page is general information about Victorian law as at November 2026. It is not legal advice about your circumstances.
Medical treatment decision maker: send us an enquiry
We reply within one business day.
To send documents, use the Send instructions form. If something is about to happen in the next few days, such as a sale or a hearing, please also call us.
Phone: 1800 776 529
Email: info@enduringpowerofattorney.com.au
Hours: Monday to Friday, 9 am to 5:30 pm
Office: 435 Nepean Highway, Frankston VIC 3199 (by appointment)
We act for attorneys and for families, but never for both sides of the same dispute. Before we start, we check that we have not acted for anyone else involved. [CHECK: confirm this line]