The Law Handbook 2024

Chapter 8.5: Guardianship and medical treatment 859 effectiveness, and the alternatives. The MTDM must act in good faith and with due diligence. They also must consult any person they believe the person would want them to consult. Support people People (including children) may appoint a support person to help them make, communicate and give effect to their medical treatment decisions. A child can be a support person. A person can only have one support person (s 31 MTPD Act); an appointment of a support person revokes any earlier appointments (s 35 MTPD Act). A person must have decision- making capacity to appoint a support person. To ensure an appointment of a support person is valid, the MTPD Act’s (s 33) formal witnessing requirements must be met. A support person must accept their appointment before the role can be exercised (s 34 MTPD Act). For more information about appointing a support person, including the form of appointment, visit the OPA’s website (www.publicadvocate.vic.gov.au) . Disputes about medical treatment VCAT is empowered to hear disputes under the MTPD Act. Applications can be brought to VCAT by eligible people (i.e. a health practitioner, the MTDM, the support person, the Public Advocate, or any other person VCAT is satisfied has a special interest in the person’s affairs). Application forms are available from VCAT’s website (www.vcat.vic. gov.au) . VCAT is also empowered to advise MTDMs (s 83 MTPD Act). Resources The following resources can provide further assistance with the issues of guardianship and medical treatment: • Guide to the Guardianship and Administration Act 2019 (Vic) (Judicial College of Victoria; www. judicialcollege.vic.edu.au) • Advance Care Planning: www.advancecareplanning.org.au • BetterHealth : www.betterhealth.vic.gov.au/havetheconversation • OPA’s website : www.publicadvocate.vic.g ov.au/medical- treatment • Department of Health (Vic)’s website : www.health.vic.gov.au/patient-care/end-of-life- care • VCAT’s website : www.vcat.vic.gov.au/case-types/medical- treatment-advance-care-directives For more relevant information, see Chapter 8.4: Mental illness, and Chapter 8.6: Understanding powers of attorney. Contacts Office of the Public Advocate (OPA) Level 1, 204 Lygon Street, Carlton Vic 3053 Tel: 1300 309 337 Email: opa_advice@justice.vic.gov.au Web: www.publicadvocate.vic.gov.au Victorian Civil and Administrative Tribunal (VCAT) Guardianship and Administrators List (including powers of attorney): Tel: 1300 018 228 Email: humanrights@vcat.vic.gov.au Web: www.vcat.vic.gov.au VCAT hears matters at venues throughout metropolitan and regional Victoria; see VCAT’s website for addresses. For other relevant organisations, see ‘Contacts’ at the end of Chapter 8.1: Understanding disability and the law.