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Table 1 Components of an advance care plan/directive

From: Video decision support tool promoting values conversations in advanced care planning in cancer: protocol of a randomised controlled trial

Appointment of Medical Treatment Decision Makers and Support Persons

 Medical Treatment Decision Maker*

A medical treatment decision maker has the legal authority to make medical treatment decisions on behalf of the patient if they do not have the decision-making capacity to make a decision. It is the first person the patient listed who is reasonably available, and willing and able to make a decision. Only adults can appoint a medical treatment decision maker.

 Support Person

A support person can access, or help a patient access health information relevant to their medical treatment. The support person does not have the power to make medical treatment decisions on the patient’s behalf.

 Medical Enduring Power of Attorney

A medical enduring power of attorney authorizes another person to make decisions about medical care and treatment on a patient’s behalf if they do not have the decision-making capacity to make a decision. The person making the medical enduring power of attorney is called the appointer, and the person who accepts the appointment is the agent.

Values and Instructional Directives

 Values Directive

A medical treatment decision maker is legally required first to consider the patient’s values directive when making decisions about their medical treatment.

 Instructional Directive

An instructional directive is legally binding and communicates the patients’ medical treatment decision(s) directly to their health practitioner(s). It is recommended that the patient consult a medical practitioner if they choose to complete an instructional directive.

• An instructional directive will only be used if the patient does not have the decision-making capacity to make a medical treatment decision.

• The medical treatment decisions in the instructional directive take effect as if the patient has consented to, or refused to, begin or continue medical treatment.

• If any of the statements in an Instructional Directive are unclear or uncertain in particular circumstances, it will become a values directive.

• In some limited circumstances set out in the Act, a health practitioner may not be required to comply with an instructional directive.

• The patient has the option of consenting to or refusing future medical treatment.

  1. *The appointment of a MTDM replaced the appointment of a Medical Enduring Power of Attorney (MEPOA). A MEPOA appointment made before the law changed is recognized under the new Act