Can an agent appointed under an Enduring Power of Attorney (medical treatment) make decisions about organ donation or an autopsy?
Organ donation or more specifically “any removal of tissue for the purposes of transplantation to another person” is defined as a special procedure in section 3 of the Guardianship and Administration Act 1986. Only the Victorian Civil and Administrative Tribunal (VCAT) can consent to a special procedure for people who are not capable of providing consent. VCAT can only consent to a special procedure (and therefore to an organ donation) when the following conditions are met: • the patient is incapable of giving consent, and • the patient is not likely to be capable within a reasonable time, of giving consent, and • the special procedure would be in the patient’s best interests. The Human Tissue Act 1982 provides for the removal of Human Tissue for Transplantation and for Post-mortem Examinations Agents appointed under an Enduring Power of Attorney (medical treatment) are not authorised to make decisions with respect to donation of organs or autopsy after death. Section 26 of the Human T
Related Questions
- What happens if an agent appointed under an Enduring Power of Attorney (medical treatment) agent is not able to or no longer wants to carry out that role?
- Can someone appointed as an attorney under an Enduring Power of Attorney (financial) also make decisions about medical treatment?
- What should be done with the Enduring Power of Attorney (medical treatment) form when it is completed?
