Who is Person Responsible?

If you are sick or injured and can’t make decisions about your medical or dental treatment, your doctor can ask someone else to make a decision for you. This person is known as the Person Responsible. You may have heard of the term ‘next of kin’, however this term is no longer used and a Person Responsible is not always a relative.

The Guardianship Act 1987 (NSW) states that the Person Responsible is:

• your guardian, if they have the authority to consent to your medical or dental treatment. Or, if you don’t have a guardian;
• your spouse, de-facto or same-sex partner. If you don’t have a partner;
• a person who provides care for you (but not a paid carer). If you don’t have a carer;
• a close friend or relative.

There are some things your Person Responsible cannot do they cannot:

• make decisions about your finances, accommodation or support
• consent to treatment if you object
• consent to certain treatments, including sterilisation or experimental treatments.