Statutory health attorney (SHA)
Who can make healthcare decisions for you if you’re unable to consent?
A doctor generally can’t treat you without your permission, or consent.
If you’re unable to consent to (or refuse consent) healthcare treatment and haven’t made an enduring power of attorney (EPOA) or an advance health directive (AHD), a statutory health attorney can make decisions about your treatment.
Your statutory health attorney is usually a close relative or friend who automatically has the authority to make healthcare decisions for you—you don’t need to formally appoint them.
If there’s no one suitable or willing to act as your statutory health attorney, your doctor can ask the Public Guardian to give consent for your treatment as a last resort.
Who can be your statutory health attorney?
A statutory health attorney is only needed if you don’t have an attorney or guardian to make healthcare decisions for you.
Under Queensland law, your statutory health attorney is the first available and culturally appropriate person (aged 18 or older) from the following list, in this order:
- your spouse or de facto partner, if you have a close and ongoing relationship with them
- someone responsible for your primary care, if they’re not your:
- healthcare provider
- residential care provider
- paid carer (unless they receive a carer’s pension).
- a close friend or relative
- the Public Guardian.
If the Public Guardian is required, your doctor must tell us how they determined that no one else was available or suitable to make the decision.
What medical treatment can a statutory health attorney consent to?
Your statutory health attorney can agree to or refuse most medical and dental treatments, including stopping or withdrawing life-sustaining treatment.
However, some treatments can be provided without their consent, such as:
- urgent healthcare to save your life or prevent serious pain or distress
- stopping or withdrawing life-sustaining treatment in an emergency, if the doctor believes it is good medical practice
- minor healthcare, like prescribing antibiotics or giving a tetanus injection, if the medical professional decides it fits this category.
There are certain treatments your statutory health attorney cannot consent to, including:
- tissue donation
- sterilisation
- termination of pregnancy
- special medical research or experimental healthcare.
Only the Queensland Civil and Administrative Tribunal (QCAT) can approve these specific procedures.
How does your statutory health attorney make decisions?
Under Queensland law, statutory health attorneys must follow general principles and healthcare principles when making decisions for someone with impaired decision-making capacity. These principles are in place to protect your rights and ensure your health and wellbeing.
When making healthcare decisions, your statutory health attorney must consider factors such as:
- the nature of your medical condition and your prognosis
- any alternative treatments to the one proposed
- whether the treatment can be delayed because a better option might soon be available, or you’re likely to regain the ability to make your own healthcare decisions
- the risks of the treatment and the consequences of not providing it.
How long can your statutory health attorney make decisions?
Your statutory health attorney can start making healthcare decisions for you as soon as one is needed.
Their authority lasts only for the time it takes to make that specific decision.
If another healthcare decision is needed later, the first readily available and culturally appropriate person will take on the role (this may not be the same person).
If you regain the ability to make your own decisions, you won’t need a statutory health attorney anymore.