Your supported medical decisions

You have decision-making capacity if you can understand, retain and weigh up relevant information to make the decision, and can communicate it in some way.

Adults are presumed to have decision-making capacity unless there is evidence to the contrary.

Your doctor or other health practitioner should give you the information you need to make a decision in a way you understand before they ask if you agree to the medical treatment.

They should explain things like:

• what the medical treatment is
• why they say you should have it
• things that can be bad about the treatment
• if there are any other choices.

They can help you understand by:

• explaining the information differently. For example, showing you a photograph or picture
• explaining slowly
• giving you time to think about the information.

The role of a support person is to help you make, communicate and act on your medical treatment decisions.

The medical support person can:

• come to the doctor or hospital with you
• help you remember information
• help you think about the information.

The doctor or health practitioner should speak to you, not the person supporting you.

Representing your interests

The medical support person can also represent your interests in relation to your medical treatment. For example, you might tell them what you want, or do not want, and they may help you talk to your doctors, nurses, and other health practitioners about this.

They can do this even if you become so unwell that you are not able to make your own decisions at the time.

However, your support person does not have power to make medical treatment decisions for you, unless they are also your medical treatment decision maker.

Accessing your health information

Your support person will have authority to access (get) your health information to help you make a decision. For example, they could access information from your medical records. They can only access the same information that you are able to access.

How to appoint a medical support person

1. Choose someone you trust, who respects your rights and independence

You can only appoint one support person. The person you choose should be someone you trust and who respects and values your rights and independence.

2. Complete the form

An interactive supportive attorney appointment form has been created by the Department of Health and Human Services.

Alternatively, find the form in the OPA booklet Side by Side.

It is important that the form has been explained in a language you understand. If you need an interpreter, it is recommended that you use an independent and accredited interpreter.

Ending and cancelling the appointment

A medical support person's appointment ends if:

• you revoke (cancel) the appointment
• the Victorian Civil and Administrative Tribunal (VCAT) revokes the power
• you die
• the medical support person dies.

Your medical support person's role also ends if:

• they resign
• they are no longer eligible to be your medical support person
• they no longer have the decision-making capacity to support you
• VCAT revokes their appointment.

☐ Have you thought about the benefits and risks of appointing someone who can support you to make a decision?

For example:

☐ Do they have the skills, time and interest to support you?

☐ Are you comfortable with them accessing personal information to support you?

A support person (medical) cannot support you to make and act on decisions about financial or personal matters unless they are also your supportive attorney.

You will need to appoint a supportive attorney if you want support to make and act on decisions about financial or personal matters.