VIC Enduring Guardianship V's Enduring Medical Power of Attorney

[ravencsr]

I have been appointed Enduring Guardian over my Mother that has Dementia.
My Sister has Enduring PoA (Medical Treatment), side note: I am the Alternate named in that doc.

Question 1: Do I have the power to overrule her Medical decisions relating to my Mother? I have read different docs stating both sides.

Question 2: Am I right in assuming that Medical PoA only relates to decision making of the giving and/or changing medication and agreeing to surgery, thats it?

Thanks.

 

[Paul Cott]

I have been appointed Enduring Guardian over my Mother that has Dementia.
My Sister has Enduring PoA (Medical Treatment), side note: I am the Alternate named in that doc.

Question 1: Do I have the power to overrule her Medical decisions relating to my Mother? I have read different docs stating both sides.

Question 2: Am I right in assuming that Medical PoA only relates to decision making of the giving and/or changing medication and agreeing to surgery, thats it?

Thanks.

Hi ravencsr, I don't believe, without seeing the Enduring Guardian document, that you have power to overrule medical decisions, as an alternate. When I nominate someone as an alternate, they are only in the actual role and so have any power, if the primary person dies or renounces. And as to your second question, a medical POA pertains to any medical treatment decisions.

 

[ravencsr]

Hi ravencsr, I don't believe, without seeing the Enduring Guardian document, that you have power to overrule medical decisions, as an alternate. When I nominate someone as an alternate, they are only in the actual role and so have any power, if the primary person dies or renounces. And as to your second question, a medical POA pertains to any medical treatment decisions.

Sorry, should have clarified. Can I as Enduring Guardian overrule any decision that the Medical POA has/does ?

 

[Paul Cott]

Sorry, should have clarified. Can I as Enduring Guardian overrule any decision that the Medical POA has/does ?

Hi, no you cant, as an enduring guardian has different sets of powers to medical treatment decisions. In Victoria, though, I believe you could apply to VCAT to have such decisions reviewed.