The medical treatment decision maker is the first person in the list below who is reasonably available, and willing and able to make the decision.

1. a medical treatment decision maker appointed by the patient ¹

2. A guardian appointed by VCAT to make decisions about medical treatment

3. The first person in the list below who is in a close and continuing relationship with the patient.

a. the patient's spouse or domestic partner

b. the patient's primary carer (not a paid service provider)

c. an adult child of the patient

d. a parent of the patient

e. an adult sibling.

If there are two or more relatives who are first on this list, it is the eldest person.

¹ Note: Before the Medical Treatment Planning and Decisions Act commenced in 2018, the patient may have appointed someone to make medical treatment decisions in a medical enduring power of attorney, an enduring power of attorney, or enduring power of guardianship. These appointments are still valid. 

Valid appointments made in other Australian states and territories are also recognised.

For more information see 'appointed medical treatment decision maker' in the glossary of terms.