Table 1.
Appointment of Medical Treatment Decision Makers and Support Persons | |
Medical Treatment Decision Maker* | A medical treatment decision maker has the legal authority to make medical treatment decisions on behalf of the patient if they do not have the decision-making capacity to make a decision. It is the first person the patient listed who is reasonably available, and willing and able to make a decision. Only adults can appoint a medical treatment decision maker. |
Support Person | A support person can access, or help a patient access health information relevant to their medical treatment. The support person does not have the power to make medical treatment decisions on the patient’s behalf. |
Medical Enduring Power of Attorney | A medical enduring power of attorney authorizes another person to make decisions about medical care and treatment on a patient’s behalf if they do not have the decision-making capacity to make a decision. The person making the medical enduring power of attorney is called the appointer, and the person who accepts the appointment is the agent. |
Values and Instructional Directives | |
Values Directive | A medical treatment decision maker is legally required first to consider the patient’s values directive when making decisions about their medical treatment. |
Instructional Directive |
An instructional directive is legally binding and communicates the patients’ medical treatment decision(s) directly to their health practitioner(s). It is recommended that the patient consult a medical practitioner if they choose to complete an instructional directive. • An instructional directive will only be used if the patient does not have the decision-making capacity to make a medical treatment decision. • The medical treatment decisions in the instructional directive take effect as if the patient has consented to, or refused to, begin or continue medical treatment. • If any of the statements in an Instructional Directive are unclear or uncertain in particular circumstances, it will become a values directive. • In some limited circumstances set out in the Act, a health practitioner may not be required to comply with an instructional directive. • The patient has the option of consenting to or refusing future medical treatment. |
*The appointment of a MTDM replaced the appointment of a Medical Enduring Power of Attorney (MEPOA). A MEPOA appointment made before the law changed is recognized under the new Act