The Northern Territory's Public Guardian is calling for changes to outdated legislation which currently blocks family members from making health care decisions for patients with impaired capacity.
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The Territory is the only region in Australia where family members or next of kin do not have a legal say, instead decision making is in the hands of medical staff.
"People are shocked when they hear they don't have rights over their loved ones," the NT's Public Guardian Beth Walker said.
"People assume the next of kin has a right to make decisions, but that is not the case."
Ms Walker is proposing reforms which would establish a hierarchy, giving legal acknowledgement to family, carers, guardians or someone who the person has appointed in their advance personal plan - a legal document setting out future health, financial and life choices.
"Most of us would feel more confident having a family member making decisions for us if we were not capable than someone we don't know," Ms Walker said.
"For example someone with religious beliefs who had issues around blood transfusions probably wouldn't want someone who didn't know them keeping them alive by giving them a blood transfusion.
"We have an Advance Personal Plan and a Guardianship Act, but that is a formal process which could take a week to put in place - that doesn't work if someone needs immediate help."
While in most emergency cases, front line medical staff are consulting with family members about the best course of action, there have been cases where decisions have been made without consent.
In a case which brought to light the need for changes to NT guardianship laws, a man named Brian Williams was admitted to the Royal Darwin Hospital while suffering from dementia.
Under the guidance of Darwin-based geriatrician Dr Michael Lowe, the medical team prescribed powerful anti-psychotics which altered his behavior, without consulting any family members.
Mr William's wife, Kerri complained to the medical board and called for the law to be brought into line with the rest of Australia.
Ms Walker says the legislation changes are likely to go through.
While the laws work in all other states in Australia, she says there are still a few things to iron out in the Northern Territory.
She has slowly made her way through the Top End seeking out the views of Territorians.
"We need safeguards," she said, "for when there might be a situation where a family member is not making the best decision for the family."
"Also, we need to first check with Indigenous communities about the best way to navigate culture and kinship."
She said medical staff would need to undergo significant training once the legislation is passed, likely next year.
In addition to consultations across the Territory, a discussion paper is available on the Department of the Attorney-General and Justice's website and the NT Have Your Say website.
Submission close January 31, 2020.
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