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.
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:
- New South Wales
- Australian Capital Territory
- Northern Territory
- Western Australia
- South Australia
For more information about related areas, please click below:
- Person with Capacity Appoints a Substitute Decision-Maker (Broad Authority):
- Substitute Consent to Medical Treatment by Health Attorney or Others (Specific Authority)
- Person with Capacity Gives Advance Health Directions:
- Person Who Lacks Capacity has a Substitute Decision-Maker Appointed by an Authority: