Apply for a review of an advance care directive

Victorians can make an advance care directive A document that sets out a person’s binding instructions or preferences and values about medical treatment. The directive is referred to when the person does not have the capacity to make decisions about their medical treatment. under the Medical Treatment Planning and Decisions Act 2016.

If you want to challenge, change or seek clarification about the meaning of an advance care directive you can apply to us.

Who can apply?

Most people can apply including relatives, guardians, health practitioners and social workers.

We may decide to reject an application if we do not believe the applicant The person or organisation applying to VCAT. has an interest in the affairs of the person who made an advance care directive.

What we can do

  • Decide whether an advance care directive is valid.
  • Cancel all or part of an advance care directive.
  • Change an advance care directive.
  • Suspend an advance care directive for a specific period.
  • Provide advice to a medical treatment decision maker A person who has the authority to make medical treatment decisions on behalf of another person. or health practitioner about the medical treatment of a person.

What we cannot do

We cannot make advance care directives on behalf of another person.

For information on how to make advance care directives, contact the Office of the Public Advocate

Documents you need to apply

  • A current medical report which addresses the person’s capacity to make medical treatment decisions – download our medical report template and give this to their medical practitioner.
  • A copy of the advance care directive.
  • Any other documentation to support your case.

Fees

There are no application or hearing The time and place at which VCAT hears the parties argue their case and makes a decision. fees.

Do I need a lawyer or professional representative?

You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.

Find free or low-cost legal services that may be able to assist you.

Need help with your application?

VCAT cannot give you legal advice. Seek legal help if you are unsure about your legal options. The following services may be able to help you:

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality. For more about applying for confidentiality.

Legislation that applies to this type of case