Myth 2:
A resident I care for doesn’t have capacity and has several close family members who visit regularly. I can ask any of them to make a treatment decision for the resident if a decision is needed while they are visiting.
No. The guardianship and medical treatment legislation in each State and Territory sets out an ‘order of priority’ of people who can be a person’s substitute decision-maker. The first person in that order who is willing, available and able to make the decision is the substitute decision-maker.