If a person has not appointed someone as their Enduring Power of Attorney, or made an Advance Health Directive, and loses their mental capacity then a Statutory Health Attorney can make decisions for them in relation to health matters. There are no special forms for becoming a Statutory Health Attorney, (unlike the other three documents mentioned above). The law simply recognises the authority of particular people to make decisions about health matters on a decision-by-decision basis.

Provided they are over 18 and not a paid carer of the adult, a Statutory Health Attorney could be a Spouse, a child of the adult, or other relative, or a close friend.

A Statutory Health Attorney cannot make decisions that include special health matters such as those specified in Advance Health Directives.

If there isn't anyone eligible to become a Statutory Health Attorney then the Adult Guardian may be appointed to make decisions. The Adult Guardian can also be called upon to intervene when there is a dispute between Statutory Health Attorneys of equal status.