In this blog post, we’ll discuss the importance of appointing a medical decision-maker and the process involved.

Why You Need a Medical Decision-Maker

Many people assume their spouse or next-of-kin can automatically make medical decisions on their behalf. However, this is not always the case. While a spouse can consent to treatment, they may not be able to refuse it if it aligns with your wishes.

A medical decision-maker plays a crucial role in situations where you are unable to make your own medical choices due to illness or injury. They are responsible for ensuring your treatment aligns with your values and preferences.

Here are some key scenarios where a medical decision-maker is vital:

  • Unconscious after an accident: If you’re incapacitated, your decision-maker ensures your wishes regarding treatment are followed.
  • Couple incapacitated together: If both partners in a couple are injured, a pre-appointed decision-maker avoids confusion and ensures someone advocates for your medical care.
  • Separated but not divorced: Your spouse still holds decision-making power unless you’ve appointed someone else.


How to Appoint a Medical Decision-Maker

The process involves a document called an “Appointment of a Medical Treatment Decision-Maker.” Here’s a breakdown:

  • The Document: This document clearly states who you’ve chosen as your decision-maker and an alternate if your primary choice is unavailable.
  • Signing and Witnessing: You’ll sign the document with two witnesses, one being a solicitor or medical practitioner who can sign an affidavit.
  • Acceptance by Decision-Maker: The chosen individual must sign an acceptance page acknowledging their understanding of the role and their willingness to fulfill it.


Choosing the Right Person

This decision requires careful consideration. The ideal candidate:

  • Understands and respects your medical wishes and values.
  • Can make objective decisions based on your preferences, not their own emotions.
  • Is comfortable having difficult conversations about your healthcare.


Next Steps: Get Started Today!

Call TBA Law at 1300 043 103 to chat with our team about appointing a medical decision-maker. We can guide you through the process and ensure your wishes are documented clearly.


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