Legal Mandates To Your Health Proxies: FAQs

Did you know that you can legally mandate someone to make health decisions on your behalf if you cannot? Here are our answers to 10 questions that we are often asked.

You can legally mandate someone to make health decisions on your behalf if you cannot.

1. What does the law say about allowing someone else to make medical decisions for me?

The law says that you can give someone of your choice a written mandate to make medical decisions on your behalf. We call this a section 7 mandate. Section 7 of the National Health Act says: “Consent of the user — A health service may not be provided to a user without the user’s informed consent, unless (a) The user is unable to give informed consent and such consent is given by a person — (i) mandated by the user in writing to grant consent on his or her behalf.”

2. What happens if I can’t give consent to medical treatment myself?

The person that you mandate is your “proxy” decision maker, if you are unable to give consent yourself because, for example, you are unconscious, very ill, or otherwise unable to decide.

3. What does the law say about refusing medical treatment?

The law says that no medical treatment can be given without your informed consent — meaning you must be helped to understand your health condition, the treatment options, risks, benefits, costs, and your right to say no. As with giving consent for medical treatment, the law allows your mandated person to refuse treatment or consent, when you can’t refuse yourself. This means your mandated person can refuse things like food, water, or any medical treatment on your behalf.

4. What can my mandated person (proxy) do?

Your mandated person can make all medical decisions for you when you cannot — clarifying your values, preferences and wishes including those in a Living Will, Advance Directive, or Advance Care Plan. Doctors and nurses must follow their instructions, even if that means refusing treatment.

5. What kinds of treatment does this cover?

All medical treatment and health services are covered, for example hospital or clinic treatment (inpatient or outpatient), diagnostic tests and scans, surgery or other therapeutic interventions, nursing and rehabilitative care, palliative or end-of-life care, preventative care and municipal health services.

6. What if I don’t give anyone a Section 7 Mandate?

If you haven’t mandated someone in writing, the law sets out who may consent for you in this order: your spouse or partner, a parent, a grandparent, an adult child, a brother or sister.

7. Can my mandated person refuse treatment on my behalf?

Yes. You have the right to refuse treatment, and your mandated person can also refuse treatment on your behalf. Even in emergencies, the law recognises your right to say no, if you have clearly refused.

8. What does “informed consent” mean?

It means you (or your mandated person) must be told: your health status (unless disclosure would seriously harm you), the diagnostic and treatment options available, the risks, benefits, costs, and consequences of each option, your right to refuse, and what that refusal means.

9. Does the health worker have to involve me if I can’t decide?

If you can understand what is happening, the health worker must explain your condition and involve you as much as possible. Your mandated person can only consent or refuse on your behalf if you are unable to do so.

10. Who counts as a health care provider under the law?

All health professionals, including doctors, nurses, pharmacists, allied health professionals, and dental technicians.

Prepared for the Advance Directives Campaign by Alison Tilley & Rhiannon Thomas.