Victorian Consolidated Legislation

Medical Treatment Act 1988 - SECT 5A

Agents and guardians

5A. Agents and guardians



(1) A decision about medical treatment of a person may be made in accordance
with this Act-

   (a)  if the person has appointed an agent in accordance with this section,
        by that agent; or

   (aa) if the person has appointed an alternate agent in accordance with this
        section, and section 5AA is complied with, by the alternate agent; or

   (b)  if the person is a represented person and an appropriate order has
        been made under the Guardianship and Administration Act 1986 providing
        for decisions about medical treatment, by the person's guardian.

(2) An appointment of an agent or alternate agent-





   (a)  shall be by way of an enduring power of attorney (medical treatment)
        in the form of Schedule 2 and must be witnessed by two persons, one of
        whom shall be a person authorised by law to take and receive statutory
        declarations and neither of whom shall be the agent or alternate agent
        to be appointed; and

   (b)  takes effect if and only if the person giving the power becomes
        incompetent; and

   (c)  in the case of an appointment of an alternate agent, takes effect if
        and only if section 5AA is complied with.

(3) If a person gives an enduring power of attorney (medical treatment), any
earlier power of attorney (medical treatment) given by that person is revoked.

(4) Despite any rule of law to the contrary, an enduring power of attorney
(medical treatment) is not revoked-

   (a)  by the subsequent incapacity of the donor of the power; or

   (b)  upon the donor of the power becoming-

   (i)  a protected person within the meaning of the Public Trustee Act 1958;
        or

   (ii) a represented person within the meaning of the
        Guardianship and Administration Act 1986-

but is revoked in any other way in which a general power of attorney is
revoked.

(5) An enduring power of attorney (medical treatment) given to an agent (but
not an alternate agent) must be taken to be in the form in Schedule 2 as
amended by the Medical Treatment (Agents) Act 1992 if it is in the form in
that Schedule as in force immediately before the commencement of that Act.