Medical Treatment Law: Understanding The Challenges
The Medical Treatment Planning and Decisions Act 2016 represents a seismic shift in Victoria’s medical treatment decision making landscape. If your work is at all related to healthcare, medical treatment, aged care, elder law or the health industry in general, it’s essential that you have a firm understanding of the new framework established for medical treatment decision makers.
Description
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Ethics & Professional Responsibility
This seminar was recorded in VIC on 6 September 2018
9.00am to 9.45am: Advance Care Planning for Medical Treatment
- An overview of the Medical Treatment Planning and Decisions Act 2016
- The options for advance care planning for medical treatment
- Matters to consider when drafting advance care directives
- Arranging for witnessing of advance care directives
- Advising clients what to do with their completed advance care directive
Presented by Claire McNamara, Legal Officer, Office of the Public Advocate
9.45am to 10.30am: Understanding the Place of Capacity in Medical Treatment Decision Making and the Obligations of Medical Treatment Decision Makers
- The assessment of capacity when taking instructions from clients and witnessing documents under the Medical Treatment Planning and Decisions Act 2016
- Appointment of a support person
- Obligations of medical treatment decision makers
Presented by Mark Eaton, Partner, HDME Lawyers; Co-Trustee of Funds in Court, Supreme Court of Victoria; Legal Member, Austin Hospital’s Human Research Ethics Committee
10.30am to 10.45am Morning Break
10.45am to 11:30am: How to Comply with the Medical Treatment Planning and Decisions Act
- An overview of obligations for health services
- Advance Care Directives
- Medical Treatment Decision Makers
- What to do when a medical treatment decision needs to be made
- When there is an Advance Care Directive
- When there isn’t an Advance Care Directive but there is a Medical Treatment Decision Maker
- When there is no Advance Care Directive and no Medical Treatment Decision Maker
Presented by Sophie Bolzonello, Associate, Russell Kennedy Lawyers; First Tier Leading Health & Aged Care Law Firm, Doyle’s Guide 2018
Ethics & Professional Responsibility
11:30am to 12:30pm: Medical Treatment Planning and Decisions Act: Ethical Issues and Duties for Lawyers
- Planning ahead legal advice
- Ethics and instructions
- Elderly or vulnerable family members and coercion
- Where there is a dispute
Presented by Dominique Saunders, Principal, Saunders Legal; former Deputy President of the Mental Health Review Tribunal
12:30pm to 1:15pm: When VCAT Needs to Step in: Seeking Orders for Administration, Guardianship or Powers of Attorney
- Which Act applies? Navigating the legislative scheme, particularly for older powers of attorney
- What VCAT will and won’t do
- Who is the client and what is in their best interests?
- Practical tips on preparing your application and supporting evidence (including working with medical practitioners)
- Facilitating pragmatic outcomes
- Managing the extended family and other unrepresented interested parties
- What to expect at the first hearing?
- What to do when you need urgent orders?
Presented by Stephanie Rendell, Associate, RNG Lawyers