92Who may consent to medical treatment if patient does not have capacity to give informed consent?

92 Who may consent to medical treatment if patient does not have capacity to give informed consent?

(1) If a patient who is of or over the age of 18 years does not have capacity to give informed consent to medical treatment, the medical treatment may be given to the patient with the consent of the first of the following persons who is reasonably available, willing and able to make a decision about the proposed medical treatment—

(a) the patient's medical treatment decision maker;

(b) a person appointed by VCAT to make decisions about the proposed medical treatment;

(c) a person appointed under a guardianship order within the meaning of the Guardianship and Administration Act 2019 with power to make decisions concerning the proposed medical treatment;

(d) subject to section 93, the authorised psychiatrist.

(2) If a patient who is under the age of 18 years does not have capacity to give informed consent to medical treatment, the medical treatment may be given to the patient with the consent of—

(a) a person who has the legal authority to consent to the medical treatment for the patient and who is reasonably available, willing and able to make a decision about the proposed medical treatment; or

(b) if a person referred to in paragraph (a) is not reasonably available or is not willing and able to make a decision about the proposed medical treatment, subject to section 93, the authorised psychiatrist.

See section 53 of the Medical Treatment Planning and Decisions Act 2016 in respect of medical treatment in an emergency.