---
title: "Appointment of a medical treatment decision maker (Victoria): long and short forms, capacity and witnessing"
url: "https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/form-vic-medical-treatment-decision-maker"
type: "precedent"
site: "AI Law Framework"
id: "a18-form-vic-medical-treatment-decision-maker"
area_id: "A18"
kind: "form"
ai_level: "yellow"
version: 1
task_ids: ["A18-T1-R2", "A18-X20260927-1"]
law_stated_as_at: "2026-10-18"
---

# 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…

Canonical page: https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/form-vic-medical-treatment-decision-maker  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Elder Law & Powers of Attorney / Guardianship](https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship.md)
- Jurisdictions: Victoria
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the official form at publicadvocate.vic.gov.au and the 3 authorities it cites, for Victoria.

## 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](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/draft-an-enduring-personal-health-decision-making-appointment.md)
- [Build the execution and witnessing plan for an enduring instrument before signing](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship.md#A18-X20260927-1)

## 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

## Authorities

- [Office of the Public Advocate (Vic), Appointing a medical treatment decision maker](https://www.publicadvocate.vic.gov.au/your-rights/your-healthcare/appointing-a-medical-treatment-decision-maker)
- [Department of Health (Vic), Advance care planning forms](https://www.health.vic.gov.au/patient-care/advance-care-planning-forms)
- [Office of the Public Advocate (Vic), Making an enduring power of attorney (remote witnessing note)](https://www.publicadvocate.vic.gov.au/index.php?catid=19&id=31&option=com_content&view=article)

## Official form

[Official form](https://www.publicadvocate.vic.gov.au/your-rights/your-healthcare/appointing-a-medical-treatment-decision-maker)

## 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.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/form-vic-medical-treatment-decision-maker and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*