Talk with the person about their values, beliefs and life goals. Make sure you understand and respect their approach to health care, living well and end-of-life decisions.
If you and the person have conflicting beliefs, be honest with them. Remember that you may be called upon to advocate for them. If your beliefs are too different, it may be better for them to choose someone else.
Talk about any potential issues that may arise with family members or partners who have different views. How will you cope with any disagreement that could arise? If you are chosen as a substitute decision-maker, do they know?
Being chosen as a substitute decision-maker
If someone asks you to be their substitute decision-maker, think about what it might mean for you before you agree.
Ideally, you need to be:
- available (live in the same city or region) or readily contactable
- over the age of 18
- prepared to advocate and make decisions clearly and confidently on the person’s behalf when talking to doctors, other health professionals and family members if needed.
- Comfortable with encouraging the person to talk through their preferences with their family members and close friends.
A substitute decision-maker will be asked to make medical treatment decisions on the person's behalf if they are not able to do so.
A person may also choose a second person (an alternate substitute decision-maker). They will be called on if you are unable to make decisions on the person's behalf.
Substitute decision-makers may have different titles depending on the Australian state or territory you are in. Some of the other titles used are:
- Medical Enduring Power of Attorney or Medical Treatment Decision-Maker (Victoria)
- Enduring Guardian (New South Wales, Tasmania, Western Australia)
- Enduring Power of Attorney (Queensland, ACT)
- Substitute Decision-maker (South Australia)
- Decision-maker (Northern Territory).
To formalise the selection of a substitute decision-maker, the relevant form that’s used in the person's state or territory must be completed. This form must be witnessed by someone who can authorise a statutory declaration, for example a:
- medical practitioner
- legal practitioner.