55Who is a person's medical treatment decision maker?

55 Who is a person's medical treatment decision maker?

(1) If an adult has an appointed medical treatment decision maker, the appointee is the person's medical treatment decision maker if the appointee is reasonably available and willing and able to make the medical treatment decision.

See sections 102(2) and 103.

S. 55(2) amended by No. 13/2019 s. 221(Sch. 1 item 31.3).

(2) If subsection (1) does not apply and a guardian appointed by VCAT under the Guardianship and Administration Act 2019 has the power under that appointment to make medical treatment decisions on behalf of a person, that guardian is the person's medical treatment decision maker if the guardian, in the circumstances, is reasonably available and willing and able to make the medical treatment decision.

(3) If subsections (1) and (2) do not apply, the medical treatment decision maker of an adult is the first of the following persons who is in a close and continuing relationship with the person and who, in the circumstances, is reasonably available and willing and able to make the medical treatment decision—

(a) the spouse or domestic partner of the person;

(b) the primary carer of the person;

(c) the first of the following and, if more than one person fits the description in the subparagraph, the oldest of those persons—

(i) an adult child of the person;

(ii) a parent of the person;

(iii) an adult sibling of the person.

(4) The medical treatment decision maker of a child is the child's parent or guardian or other person with parental responsibility for the child who is reasonably available and willing and able to make the medical treatment decision.

(5) Subsections (1), (2), (3) and (4) do not apply at any time that the person is a mental health patient.

Note to s. 55(5) amended by No. 39/2022 s. 849.

See section 92 of the Mental Health and Wellbeing Act 2022.