Seek advice about medical treatment for someone

If you are someone’s medical treatment decision maker or health practitioner, you can apply to get advice or direction from VCAT about whether a form of medical treatment is appropriate for that person.

Who is a medical treatment decision maker?

An adult’s medical treatment decision maker is one of the following:

  • someone formally appointed in the role
  • their guardian (who was appointed by VCAT)
  • their medical agent or their guardian for medical treatment (as the term medical treatment decision maker was known before March 2018)
  • their spouse or domestic partner, primary carer, adult child, parent or adult sibling.

A child’s medical treatment decision maker is their parent, guardian or another person with parental responsibility.

Who can apply?

Only a person’s medical treatment decision maker or health practitioner can apply.

Cases we can't help with

We can’t accept:

  • some cases where one party lives in another state or is a Commonwealth government organisation
  • cases heard under federal law instead of Victorian law.
Learn more

Documents you need to apply

  • A current medical report which addresses the person’s capacity to make medical treatment decisions - download our medical report template and give this to their medical practitioner.
  • A copy of the medical treatment decision maker appointment or medical enduring power of attorney (if you are a medical treatment decision maker formally appointed into this role).
  • A copy of the advance care directive (if it exists).
  • Any other documentation to support your application.

Fees

There are no application or hearing fees.

Apply

We can explain the application process and what the form is asking you for. Contact us to get support.

We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you are unsure about your options or need advice about your claim.

Make an application

Watch our video on how to apply and manage your online application.

Print-friendly application form

Apply online

Do I need a lawyer or professional representative?

You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.

Be aware that the regulatory body in most cases uses legal representation.

Find legal services that may be able to assist you.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.

Legislation that applies to this type of case

Organisations that may be able to help you

VCAT can't offer you legal advice. Below are organisations that may be able to help with your case.

Office of the Public Advocate

Advice on guardianship and advocacy matters for Victorians living with a disability. Also undertakes the role of guardian for some Victorians.

https://www.publicadvocate.vic.gov.au/

See more organisations