ESTATE PLANNING CHANGES – POWERS OF ATTORNEY

Medical decision making laws changed on 12 March 2018, when the Medical Treatment Planning and Decisions Act 2016 commenced.

The new forms are known as Appointment of Medical Decision Maker, and Advance Care Directive. These forms replace the Enduring Power of Attorney (Medical Treatment).

APPOINTING SOMEONE TO MAKE MEDICAL TREATMENT DECISIONS

A person can now appoint a medical treatment decision maker with authority to make medical treatment decisions. A person no longer makes a medical enduring power of attorney to do this. A medical enduring power of attorney made before the law changed is recognised under the new Act. This means there is no need for legal documents made before 12 March 2018 to be redone.

APPOINTING A MEDICAL TREATMENT DECISION MAKER

There are formal requirements that need to be met when a person appoints their medical treatment decision maker, including witnessing requirements. If a medical treatment decision maker has not been appointed, the Medical Treatment Planning and Decisions Act specifies who has legal authority to make medical treatment decisions for a person who is unable to make these decisions.

ADVANCED CARE DIRECTIVE

The new laws allow for the creation of this new legal document. Advance Care Directives may include either or both:
an instructional directive with legally binding instructions about future treatment the person consents to or refuses; and
a values directive which documents the person’s values and preferences for future medical treatment.

ENDURING FINACIAL POWERS OF ATTORNEY

The laws in this space are unchanged. A person can still make such an enduring power of attorney to appoint someone with authority to make decisions about their financial and personal matters.

It is important to note that personal matters no longer includes health care matters.

Please contact our Mike Poynter to further discuss this matter.