The medical enduring power of attorney

Where it is permitted under State/Territory law, a medical enduring power of attorney is a legal document. By signing it, you authorise a person to make health care decisions for you. This power of attorney is often used to plan for the future. There is always the possibility that you won't be able to make decisions because of age, illness or accident. If you have appointed an attorney, that person will have the authority to decide about your medical care in consultation with doctors and other relevant people. If you have not signed a medical enduring power of attorney, it may be necessary to apply to a local Court/Tribunal for the appointment of a substitute decision-maker.

Your attorney can only make decisions for you if you become mentally incompetent to make medical decisions.

• an operation; or
• medicines, drugs, etc.

In some States, as well as deciding what treatment is appropriate, your attorney can also refuse treatment on your behalf.

• have sufficient information about your state of health;
• understand this information; and
• sign the appropriate documentation and/or seek the appropriate Court/Tribunal orders.

There are very serious issues involved in these types of decision making. It is important to get professional advice.

• you sign a new medical enduring power of attorney;
• you cancel it (you must be mentally competent to do this);
• you die; or
• it is cancelled or suspended by the appropriate Court/Tribunal.

You can cancel an enduring power of attorney at any time, as long as you are mentally competent. Check whether there are formal requirements in your State/Territory, particularly if there are registration requirements

Read this: This fact sheet is intended to be general information about the law in Australia. It is not a substitute for legal or other professional advice. LAwscape Communications Pty Ltd, F2 Australia & New Zealand Pty Ltd or Moneymanager does not accept responsibility for loss to any person, who either acts or does not act because of this fact sheet.

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