Victoria’s laws regarding medical treatment decision making were overhauled in 2016 with the introduction of the Medical Treatment Planning and Decisions Act 2016. These new laws support the rights of individuals to make informed choices about their healthcare, particularly in situations where they may be unable to communicate their preferences, wishes, or values for their future medical care.
Under the legislation, a person can appoint substitute medical treatment decision makers who are empowered to make decisions only if the individual is unable to do so themselves. If a person has not nominated a decision maker, or if all nominated decision-makers are not able to make a decision, the legislation determines who can make those decisions, which may be different to a person’s own preferences, wishes or values.
The introduction of Advance Care Directives further allows individuals to document their treatment preferences, or values about how they would like to be treated, ensuring that their wishes are respected in critical moments. An advance care directive can give specific treatment goals, for example, forbidding resuscitation or transplantation; or give values directives. A common values directive is wanting to employ any medical treatment available that would not impair a person’s quality of life.
Notwithstanding the importance of these matters, medical treatment planning is an often-overlooked aspect of estate planning.
Integrally connected with medical treatment decision making is the decision of organ donation. Organ donation is a life-changing act that transcends individual lives. Although 4 in 5 Australians show support for donation, only 1 in 3 are registered to be a donor. Organ donation in Victoria declined during the COVID-19 pandemic in a time of extreme pressure upon our medical and hospital systems and trauma for the families involved.
It is not uncommon to see organ donation wishes in a Will. However, the window which organs and tissue can be viably donated is limited and the Will may not be able to be produced in an emergency situation.
Proper registration with Donate Life is essential, but secondary to that is communication to medical treatment decision makers and key family members who may be called upon by medical professionals for consent.
To ensure that your wishes regarding medical treatment are respected, you should:
1. appoint substitute medical treatment decision maker(s);
2. make an Advance Care Directive with your treating doctor; and
3. discuss organ donation with your family and loved ones and, if you so choose, registering your intention.
For more information about medical treatment decision making and estate planning, please contact our office on (03) 9646 4477.
For more information about organ donation, visit https://www.donatelife.gov.au/
