Medical Treatment Decision Maker FAQ's

Appointing a medical treatment decision maker

Frequently asked questions

about Appointing A medical Treatment decision Maker

Everyone. We never know what tomorrow holds for us, so it is reassuring to know that someone you have chosen that you trust will be responsible for making decisions about your medical treatment if you are unable to do so. This becomes more and more important as you get older, particularly if you suffer from illness or disease.

Anyone over the age of 18, who has full capacity can appoint a Medical Treatment Decision Maker. This means you must have the ability to:

  • Understand the facts and considerations about a situation.
  • Understand the consequences and outcomes of your choices and decisions, including how they may affect you and others.
  • Communicate your decision or choices.

Someone who you trust to act in your best interests and respect your wishes, if you are unable to make decisions for yourself – this could be your spouse, a family member, a friend, or someone else you trust. Legally they must be over the age of 18.

It is also important that they are willing to take on the role and that they have the time and communication skills to consult with loved ones and medical professionals. 

Yes. You can appoint an alternative or alternative Medical Treatment Decision Maker. However, only one person can act as your Medical Treatment Decision Maker at a given time. Should your first appointment not be available, or unable to perform the role, the alternative appointee will perform the role.  

When appointing your Medical Treatment Decision Maker, you should think about and communicate:  

  • Your wishes, should you be incapacitated or nearing death.
  • Any religious or cultural considerations that should be considered in making decisions.
  • Other people who you would like them to consult with when making decisions on your behalf.

If you do not have the capacity to do so, your Medical Treatment Decision Maker is responsible for making all decisions about your health care and medical treatment. Their decisions should be based on their understanding of your wishes and preferences.

The person you are appointing as your Medical Treatment Decision Maker should know and agree to be appointed. You should also clearly communicate your wishes and care preferences to them.

You may also like to make your healthcare providers and family members aware that you have appointed a Medical Treatment Decision Maker.

A Medical Treatment Decision Maker appointment starts once signed but is only effective should you be incapacitated and unable to make decisions about your own care. It generally lasts until your death unless you choose to revoke or revise it, or the person resigns or is unable to carry out their role.

Providing you still have the capacity to make decisions, you can revoke or cancel your Medical Treatment Decision Maker appointment at any time. 

Yes. You can log in to My Legal Will online at any time and update or change your Medical Treatment Decision Maker appointment.

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