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How do you legally appoint someone to make medical decisions in Australia?

Kevin Finn's profile pictureAnswered byKevin FinnHead of LegalAuthored & legally reviewed27 July 2026Watch · 1:27

How you appoint someone to make medical decisions depends on your state. In Victoria you formally appoint a medical treatment decision maker, who acts if you cannot decide for yourself. In New South Wales you appoint an enduring guardian, using a specific document that must be formally witnessed, usually by a solicitor or court registrar. In Queensland you appoint someone under an enduring power of attorney covering personal and health matters. In every case the document must be signed and witnessed while you still have capacity, so set up the right document for your state early.

For related guidance, see how do you set up a will and power of attorney for a parent who is losing capacity in Australia?.

Read the video transcript

Under Victorian law, you must formally appoint a medical treatment decision-maker. This is a specific person who is able to make decisions for you in the event that you are unable to do so yourself. The document can appoint one or more people to make decisions, and it is the first person on the list who is readily available and able to make a decision for you that will be your medical treatment decision-maker at that time. You must legally execute an appointment of medical treatment decision-maker whilst you have legal capacity to do so. In New South Wales, you must formally appoint an enduring guardian. This is a specific legal document that allows the nominated person to make medical treatment decisions for you in the event that you are unable to do so yourself. Your enduring guardian document does need to be formally witnessed, usually by a solicitor or court registrar. Under Queensland law, you can appoint a person to make medical treatment decisions for you under an enduring power of attorney appointing them for personal and health matters. The document must be signed and witnessed whilst you have capacity to do so.

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