Medical decisions when an adult patient cannot consent

The Medical Treatment Planning and Decisions Act 2016 allows people to complete an advance care directive, appoint a medical treatment decision maker and appoint a support person.

The Act also sets out the process for health practitioners when a patient does not have decision-making capacity to consent to medical treatment.

With the introduction of the Act:

• the section 42K process no longer applies — this is replaced by the section 63 process under the new Act
• the person responsible hierarchy no longer applies — this is replaced by the medical treatment decision maker hierarchy.