Respecting Patient Choices Home

What is the Advance Care Plan?

You have the right to make decisions about your health care, now and for the future. Medical treatment should only be given with your fully informed consent and you have the right to refuse treatment. An advance care plan gives you the opportunity to record, ahead of time, your choices.

The three ways to record your choices are:

1. Appointing a Medical Enduring Power of Attorney
2. Documenting your Statement of Choices
3. Completing a Refusal of Treatment Certificate

Enduring Power of Attorney (Medical Treatment)

Also referred to as a medical enduring power of attorney, this is a legal document that enables you to nominate another person to make medical treatment decisions on your behalf. This person, referred to as your agent, can make health care decisions on your behalf only if you have become incapacitated from an illness or accident.

You may choose to nominate an agent and an alternate agent. Your alternate agent will only make decisions for you if your agent is unavailable, or incapable to make decisions. Your agent is not authorised to make non-medical, e.g. financial decisions, for you. Often a family member is a good choice as an agent, but not always.

When selecting someone to be your agent, it is important to choose someone who:

• Is at least 18 years of age and mentally competent to make decisions
• You trust and knows you well
• Is willing to respect your views and values
• Is able to make decisions under difficult or stressful circumstances.

Two witnesses, one of whom is authorised to sign statutory declarations*, must sign the medical enduring power of attorney form. By law your nominated agent cannot also be a witness on your medical enduring power of attorney form. 

*Authorised Witnesses  (opens in a new window)

Enduring Power of Attorney (Medical Treatment) forms can be downloaded from the following links:

http://www.health.vic.gov.au/mta/

http://www.legalaid.vic.gov.au

http://www.publicadvocate.vic.gov.au

       or phone Office of the Public Advocate on  9603 9500.

The Statement of Choices

You may wish to record your decisions regarding future medical treatments on a Statement of Choices form to assist your agent to make decisions on your behalf, if you are unable to do so. While not a legally binding directive to your health professionals, it must be taken into account when determining your treatment. If you do not wish to provide any instructions, your agent will make decisions based on your oral instructions or what is considered to be in your best interest. It is important that you discuss your values and beliefs and the content of your Advance Care Plan with the person whom you wish to appoint as your medical enduring power of attorney and your family so that they understand and respect your choices.

You can download the Eastern Health Advance Care Plan (*PDF 723 Kb) which includes a Statement of Choices.

Refusal of Treatment Certificate

Under the Victorian Medical Treatment Act you or your agent are able to refuse treatment related to a current illness. You can refuse treatment verbally, with a witness present, or document your refusal by completing a Refusal of Treatment Certificate. Your treating doctor or your Respecting Patient Choices Consultant can provide details if necessary.

How Do I Change or Revoke my Advance Care Plan? 

There are a number of reasons why you might want to change or revoke either your medical enduring of attorney or your Statement of Choices. Maybe your relationship with your agent has changed, or the person you appointed is no longer appropriate for the role, or your own circumstances may have changed. You can change or revoke either document simply by destroying it or requesting that it be destroyed. You can also revoke either document simply by completing a new document (e.g. appointing a new agent or recording new choices). The most recent dated document overrides the older document. It is also important to inform your agent(s) of the changes to the documents. Revoking the medical enduring of attorney can also be done verbally.