matters on behalf of the person. This arrangement stays in place even if the person who made the
appointment loses their decision-making capacity.
If a person has given an enduring power of attorney, VCAT has the power to revoke, vary or suspend
the appointment of an attorney if it considers it is in the person’s best interests to do so. VCAT does not
have the power to appoint an individual as an attorney.
How we assess if a person is a capable of giving an enduring power of attorney
A person is considered capable of giving an enduring power of attorney to someone if, at the time
they give it, they understand:
• they can set the conditions, instructions or limitations on the power of attorney
• when this power can be used
• the attorney can use their power even when the person who gave it temporarily or
permanently loses the ability to fully understand or make reasoned decisions
• they may revoke the enduring power of attorney at any time while they still understand the
nature and effect of this power
• the attorney’s power continues even if the person who gave it later loses their legal capacity
• at any time they are not capable of revoking the enduring power of attorney, they are unable to
effectively oversee the use of this power.
WHY WE NEED A MEDICAL REPORT
To give advice or make an order about medical treatment
Before making an order about a person, VCAT must be satisfied about the person’s capacity to
make medical treatment decisions.
As the person’s medical practitioner, the information you provide is vital. It helps VCAT determine
whether a decision reflects the person’s preferences and values or promotes their wellbeing.
As their medical practitioner, you must consider the appropriate time and setting for assessing
accurately your patient’s decision-making capacity.
To appoint a guardian, administrator or make an order about an enduring power
Before making an order about a person, VCAT must be satisfied:
the person has a disability (neurological impairment, intellectual impairment, mental
disorder, brain injury, physical disability or dementia)
the person does not have decision-making capacity to make decisions about lifestyle
or financial matters because of their disability
there is a need for a guardian or administrator, usually decided if a less restrictive option
would not meet the person’s needs.
Your medical report will ensure VCAT is aware of your patient’s decision-making capacity about their
personal and financial matters and we promote the persons personal and social wellbeing.