Substitute Consent to Medical Treatment

Substitute consent to medical treatment by health attorney or others (specific authority)

Substitute Decision-Maker Appointed by Person with Capacity

All jurisdictions, with the exception of the Northern Territory, allow a person with capacity (the ‘donor’ or ‘principal’) to appoint a substitute decision-maker (an enduring ‘attorney’, ‘agent’ or ‘guardian’) in advance of a potential loss of capacity. This person’s power of making medical treatment decisions comes into effect when the person in question loses capacity.

Substitute Decision-Maker Appointed by Authority for Person who Lacks Capacity

Where there is no existing enduring guardian (or equivalent) appointed by the person when they had capacity, generally an application can be made to the relevant state or territory administrative tribunal for an order appointing a guardian. A guardian can be authorised to make decisions about lifestyle, health care and certain decisions.

Further Information

The methods of appointing a substitute decision-maker for medical decisions differs between each state and territory in Australia. For more information, please click below:

Related Information

For more information about related areas, please click below: