Statutory health attorney

A statutory health attorney is someone with automatic authority to make health care decisions on your behalf if you are an adult whose capacity to make health care decisions is permanently or temporarily impaired.

A statutory health attorney will make decisions about your health care if you are too ill or incapable of making them. For example, consent may be needed for medical treatment or an operation while you are unconscious. Or you may have an intellectual disability, dementia or an acquired brain injury and may be unable to make your own decisions.

A statutory health attorney will act if you have not:

• set out relevant directions for your medical treatment in an advance health directive
• appointed an attorney for personal matters under an enduring power of attorney or advance health directive
• had a guardian appointed for health care matters by the Queensland Civil and Administrative Tribunal (QCAT).

A statutory health attorney automatically acts in this role

You do not need a special form to formally appoint a statutory health attorney. A person automatically acts in this role because of their relationship to you. They do not need any special expertise to perform the role but must be over 18, readily available and culturally appropriate to make decisions about health care.

Those who can act as a statutory health attorney are (in order of priority, and provided they are readily available and culturally appropriate):

• the patient’s spouse or de facto partner (only if the relationship is close and continuing)
• a person who has the care of the adult, but not a paid carer (although they may receive a carer’s pension)
• a close adult friend or relative who is not a paid carer
• the Adult Guardian as a last resort.

A ‘person who has the care of the adult’ means someone who arranges or provides domestic services and support to the adult, for example, preparing meals or helping to bath and dress. It does not not mean a paid carer such as a nurse or a disability support worker who receives a fee or wage.

The Adult Guardian is an independent statutory official authorised by law to make health care decisions (as a last resort) for adults with an impaired ability.

Decisions a statutory health attorney can make

A statutory health attorney can consent to most health care issues, including medical and dental treatment and withdrawing or withholding life-sustaining measures.

A statutory health attorney cannot consent to special health matters such as:

• donation of tissue
• sterilisation
• termination of pregnancy
• special medical research or experimental health care.

Only QCAT can give consent for any of the special health matters listed above.

Responsibilities of a statutory health attorney

The statutory health attorney must be responsible, readily available and culturally appropriate to make important health care decisions. They must:

• advise the patient’s doctor that they are eligible to make decisions and willing to give consent
• they must provide the patient’s doctor with contact numbers, including mobile and other emergency telephone numbers
• make sure that the patient carries a card with their contact details
• arrange for a person who falls in the order of priority (listed above) to act as statutory health attorney if they go on holidays, especially overseas.

If the statutory health attorney is unavailable and no arrangements have been made for someone else to take on the role, the Adult Guardian may make the decision as a statutory health attorney of last resort.