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?
The agent can resign by giving a signed notice – called a disclaimer – to the donor whilst the donor is competent. A disclaimer form can be found on our website or by contacting our advice service. If the agent communicates to the donor, if competent, they do not wish to have this role then the donor can consider making a new appointment. If the donor is not competent and a decision needs to be made then, in effect, the person nominated as agent is not available and willing to be the ‘Person Responsible’ and the medical practitioner would need to identify the next person on the list who could provide consent. If treatment was being offered and someone thought that the patient, if competent would refuse it, they should consider applying to VCAT for the appointment of a guardian.
Related Questions
- Can an agent appointed under an Enduring Power of Attorney (medical treatment) make decisions about organ donation or an autopsy?
- Can someone appointed as an attorney under an Enduring Power of Attorney (financial) also make decisions about medical treatment?
- What happens if an agent accidentally closes their web browser? Will they no longer be able to take customers calls?
