When a patient is unable to make a medical treatment decision

Health practitioners need a patient’s consent before providing medical treatment.

If a patient does not have decision-making capacity to make a medical treatment decision, the Medical Treatment Planning and Decisions Act 2016 sets out the process for health practitioners. 

There are special processes in relation to:

• emergency treatment
  
• palliative care
• medical treatment where a patient is likely to recover decision-making capacity within a reasonable time
• Medical decision making under the Mental Health Act
• medical research procedures.

The usual process

The Act sets out three steps for health practitioners if a patient does not have decision-making capacity to make the medical treatment decision.

Download the Steps for health practitioners fact sheet (accessible document).

See also the OPA Can your adult patient consent? flowchart, and definitions of terms in the Act. 

VCAT advisory opinions and orders

Read about circumstances where a health practitioner can apply to the Victorian Civil and Administrative Tribunal for an advisory opinion or order.

Notifications to the Public Advocate

Read about notifications to the Public Advocate when the medical treatment decision maker refuses treatment (section 62 notifications).