Form · Elder Law & Powers of Attorney / Guardianship
Appointment of a medical treatment decision maker (Victoria): long and short forms, capacity and witnessing
Link to the Office of the Public Advocate's guide and the Department of Health forms for appointing a medical treatment decision maker, with a guide to capacity, appointing more than one person, the long, short and signing-on-behalf versions, and no remote witnessing.
- Kind
- Form. A form to complete, or a guide to completing an official one.
- Where it applies
- Victoria
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 18 October 2026
- Status
- Maintained. Checked on 18 October 2026 against the official form at publicadvocate.vic.gov.au and the 3 authorities it cites, for Victoria.
- Version
- 1
- Source
- Link to the official form. Licence: © State of Victoria. Link only: download the current form from the Department of Health each time; do not copy or adapt it.
Where this comes from
The official form is published by publicadvocate.vic.gov.au; this page is a completion guide. Last checked on 2026-10-18.
When to use it
Use when a Victorian client with decision-making capacity wants to appoint someone to make medical treatment decisions for them if they lose capacity. An enduring power of attorney does not give an attorney this power unless they are also appointed as medical treatment decision maker.
Used for these tasks
- Draft an enduring personal/health decision-making appointment
- Build the execution and witnessing plan for an enduring instrument before signing
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may help prepare the form from the client's confirmed instructions and plan execution; the lawyer takes instructions from the client alone, and capacity for the decision is the health practitioner's and lawyer's assessment, not the tool's.
AI may
- Transfer confirmed instructions (the decision makers and their order) into a checking sheet for the lawyer
- Check the completed form against the instructions and list every difference
- Flag when the signing-on-behalf version of the form is needed
AI must not
- Must not take instructions from anyone other than the person appointing
- Must not assess capacity
- Must not choose the decision makers or their order
The lawyer checks
- The person has decision-making capacity to make the appointment
- Correct version: long form, short form, or the version for someone signing on the person's behalf
- Where more than one person is appointed, the client understands only one acts at a time
- Signed and witnessed in person (appointments of medical treatment decision makers cannot be witnessed remotely)
- Any earlier medical enduring power of attorney or enduring guardianship made before 2018 checked
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Official form
Open the official form. Always use the current version from the issuer. Licence: © State of Victoria. Link only: download the current form from the Department of Health each time; do not copy or adapt it..
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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