Treatment Decisions for people under legal incapacity

In circumstances where a patient is unable to make decisions concerning treatment decisions for themselves, SAT can make a declaration as to what authority is applicable for the making of the treatment decision. This is determined by examining whether there is an Advance Health Directive, and whether the patient has an enduring guardian, guardian or person responsible with authority to make decisions regarding the specific treatment proposed.

Generally, that statutory authority is to be determined by reference to (and in order of priority of):

• whether there is an AHD containing a treatment decision in respect of the treatment;
• whether the patient has an enduring guardian with authority to make a treatment decision in respect of the treatment;
• whether the patient has a guardian with authority to make a treatment decision in respect of the treatment;
• whether the patient has a ‘person responsible’ (which, in terms of priority, is the patient’s nearest relative, or the primary provider of (unremunerated) care and support to the patient or another adult who maintains a close personal relationship with the patient).

SAT can make a declaration as to which circumstance listed above applies for the making of a treatment decision for a patient.