Enduring Medical Treatment Powers of Attorney
Published: October 2009
Powers of Attorney have been in existence for many decades. Although there are many varieties of Powers of Attorney that can be granted by individuals and by corporations, the Powers of Attorney which have received statutory recognition in Victoria are:
- General Powers of Attorney
- Enduring Financial Powers of Attorney
- Enduring Medical Treatment Powers of Attorney
- Enduring Powers of Guardianship.
In a group of legal articles dedicated to Powers of Attorney over a number of months we will consider the desirability of the various Powers of Attorney. The article for this month focuses on Enduring Medical Treatment Powers of Attorney. These Powers of Attorney are also called Enduring Medical Powers of Attorney and as Enduring Powers of Attorney (Medical).
An Enduring Medical Power of Attorney enables a Donor to appoint another person to determine whether medical treatment for the Donor is to take place or to be withheld. This Power of Attorney has achieved some notoriety in that there is a popular belief that its primary purpose is to turn off medical life support equipment. Whilst this may be possible, there are many checks and balances within the legislation relating to the use of Medical Powers of Attorney. The main benefit of such a document is to provide reassurance to members of the medical profession, nurses and hospitals that the person appointed as Attorney is approved by the Donor to make medical decisions on behalf of the Donor should the Donor be unable to make decisions on his or her own behalf. It is becoming much more common for persons being admitted to hospital, special care housing and retirement or nursing homes to be asked whether they have in place a Medical Power of Attorney, in addition to an Enduring Financial Power of Attorney. Under a Medical Power of Attorney, it is not possible to appoint Attorney’s acting jointly. Only one person is appointed as Attorney in the first instance, although is it possible to appoint an alternate or substitute Attorney.
It is important to obtain reliable legal advice - having regard to your own individual requirements– as to the appropriateness of the various available Powers of Attorney for your specific personal situation. It may be that all that you require is an Enduring Medical Treatment Power of Attorney but, depending upon your specific situation and requirements, it may be that it is also necessary to consider the usefulness of putting in place other Powers of Attorney, including General Powers of Attorney, Enduring Financial Powers of Attorney and Enduring Powers of Guardianship. These other Powers of Attorney will be considered in separate articles.
Disclaimer
The facts and circumstances of every case are different. The above article is not intended as, nor should it be construed as, legal advice as to the subject matter of the article. Should you have legal issues that are similar to above then you should not place any reliance on the content of this article but, instead, you should seek legal advice.
Related Practice Areas: Wills & Power of Attorney
