Victorian Consolidated Legislation

Medical Treatment Act 1988 - SECT 5AA

When can an alternate agent act?

5AA. When can an alternate agent act?



(1) An enduring power of attorney (medical treatment) given to an alternate
agent authorises the alternate agent to make a decision about medical
treatment of the person giving the power if and only if, not more than 7 days
before making the decision, the alternate agent completes and, before making
that decision, produces to each person required to be satisfied of a matter
mentioned in section 5B(1)(a) and (b) a statutory declaration-





   (a)  giving details of the enquiries or information which forms the basis
        for the statement of belief in paragraph (b);

   (b)  stating that, as a result of those enquiries or that information, the
        alternate agent believes that the agent is dead, incompetent or cannot
        be contacted or that the agent's whereabouts are unknown.

(2) A person who, under section 5B(1)(a) and (b), needs to be satisfied of a
matter before an alternate agent can make a decision about medical treatment
must decline to be so satisfied if-

   (a)  a statutory declaration completed by the alternate agent is not
        produced; or

   (b)  he or she reasonably believes that-

   (i)  the enquiries or information mentioned in the statutory declaration do
        not form a reasonable basis for the statement of belief set out in
        that declaration; or

   (ii) the person's agent can be contacted and is not incompetent.