Maria and Juliet had their Covid-19 vaccinations in May,Australia's internationalborders reopened in July and they booked their trip to France for December 2021. In preparation for their trip, they visited their lawyer, Wafa El Quasabi, in August and executed power of attorney documents, each appointing their dear friend of many years, Ohad Kozminsky, as their attorney just in case anything came up while they were away concerning the sale of their small caf in Thornbury, which had been on the market for the last eighteen months. If it still hadn't sold for reserve by the timethey get back from their trip in May 2022, they would talk to the real estate agent about lowering the reserve price.

Maria advised Wafa about her recent diagnosis of primary thrombocytosis and herGP's advice that if she travels long-haul she should only travel in business class, wear compression stockings and take aspirin to avoid potentially acquiring a blood clot in her legs. Wafawas sympathetic about Maria's concerns andsuggested that they may wish to appoint an enduring power of attorney, supportive attorney and/or a medical treatment decision-maker before they depart Australia. She also gave them some information about Advance Care Directives. After some thought, they decide to appoint one another as enduring attorneys, supportive attorneys and medical treatment decision-makers. Maria feels strongly that if she suffers a heart attack, she does not want to be resuscitated or have a pacemaker inserted, and does not want to be put on life support in any circumstances. She decides she wants to make an Advance Care Directive to this effect. They fill out the forms, and have them ready for signing and witnessing at their next appointment with their lawyer.

The weekend before their appointment with Wafa to sign the forms, Maria is walking with a friend in a park and suffers a heart attack due to a blood clot in her arm. She is rushed to the Royal Melbourne Hospital in Melbourne and on admission, it is clear thatMaria's heart has stopped.The emergency team resuscitates her and in order to stabilise her, they intubate her, and put her on a respirator. Several hours later, Juliet arrives at the hospital since she was visiting family in the Yarra Valley at the time. She explains to the emergency team that she isMaria'sde-facto partner, and that Maria has appointed her as medical treatment decision-maker. She also speaks to the emergency team aboutMaria'swishes. The doctors tell Juliet thatMaria'scondition is critical, and they recommend that she contact any family to let them know so that they can come in.

Juliet calls Ernie,Maria's father, and Henry, Maria's ex-husband. Maria married Henry 20 years ago, but their marriage broke down when Maria told him about her affair with Juliet. Henry is a devout Christian and refused to sign divorce papers. He is also an oncologist who believes that the best way of treating cancer is to mix science and religion.

Ernie and Henry arrive separately at the hospital, and as immediate family, are allowed intoMaria'sICU room. After scans are carried out, the doctors explain to Juliet, Ernie and Henry thatMaria'scondition is critical, but stable. "She is stable for themoment", the doctor says, "but the injury means that if she is to have a better quality of life, she needs emergency surgery to insert a shunt. She would then need to stay in an induced coma on life support for a while to see how she recovers. The best possible outcome is that she survives with a very significant cognitive impairment. We reallydon't know what quality of lifeshe is likely to have with or without the shunt."Henry immediately says,"Thank God for modern medicine! When will you do the surgery?"Juliet is less sure. She shows Henry the forms where Maria has indicated she does not want life support.

Under Victorian laws, who can make the decision about whether Maria undergoes the surgery?