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Understanding powers of attorney

An enduring power of attorney is a good idea in cases of any sudden or gradual onset of a disabling condition. The differences of general powers of attorney, enduring powers of attorney and guardianship are explained.

Understanding powers of attorney
Contributor

Philip Grano

Principal Legal Officer, Office of the Public Advocate

Enduring power of attorney (medical)

The Medical Treatment Planning and Decisions Act 2016 (Vic) (‘MTPD Act’) repealed the Medical Treatment Act 1988 (Vic) under which a person may have appointed an enduring power of attorney for medical treatment.

The MTPD Act permits the appointment of a medical treatment decision-maker (MTDM).

Where a person has previously appointed an enduring power of attorney for medical treatment, that person continues to have the power to make medical treatment decisions on behalf of the person, and is to be taken to be their appointed MTDM (see  s 103 MTPD Act).

For more information about appointing a MTDM, see Chapter 8.6: Guardianship and medical treatment.

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