Decision Support Arrangements

Decision support arrangements are legally recognised arrangements for people who need support to make certain decisions. This section provides information about the types of arrangements and supports that will be available.

At different times in our lives, we all need to make decisions. We make important decisions about our finances, property, employment, accommodation, healthcare and social supports.

When we are up and running, there will be five different decision support arrangements for people who have challenges with their capacity and who may need support to make certain decisions. These arrangements are based on the different levels of support that a person requires to make a specific decision at a specific time. 

There are three types of support arrangements for people who currently, or may shortly, face challenges when making certain decisions:

•    Decision-making assistant agreement
•    Co-decision-making agreement
•    Decision-making representation order

There are two types of arrangements for people who wish to plan ahead for a time in the future when they might lose capacity:

•    Advance healthcare directive
•    Enduring power of attorney 

You can find out more about all of these arrangements below.

Decision-making assistance agreement

If you require support to make certain decisions on your own, you can make a decision-making assistance agreement. This agreement lets you appoint someone you know and trust as a decision making assistant. Your decision-making assistant will help you to get information and explain it to you. They can help you to understand and weigh up your options. They can also help to let other people know what your decision is.

Read more about Decision-making assistance agreement

Co-decision-making agreement

If you are unable to make certain decisions on your own, you can appoint a person you trust as your co-decision-maker under a co-decision-making agreement. This agreement lets you write down decisions you need help with and give someone the legal authority to make those decisions jointly with you. These decisions can be about your personal welfare or your property and money matters.

Read more about Co-decision-making agreement

Decision-making representation order

If you are unable to make certain decisions even with someone else’s support, the court may appoint a decision-making representative to you. The decision-making representative is appointed by the court to make certain decisions on your behalf, taking into account your wishes.

If possible, the court will appoint someone you know and trust as your decision-making representative. However, if there is no-one willing or able to act on your behalf, the court may appoint someone from our panel of trained experts.

Read more about Decision-making representation order

Advance healthcare directive

If you are planning ahead, you can make an advance healthcare directive. This arrangement lets you to write down your wishes about healthcare and medical treatment decisions in case you are unable to make these decisions at some time in the future. You can appoint someone you know and trust as your designated healthcare representative to ensure your advance healthcare directive is followed.

Read more about Advance healthcare directive

Enduring power of attorney

If you do not currently have capacity issues, but would like to plan ahead, you can make an enduring power of attorney. This arrangement lets you appoint someone you trust as your attorney. The attorney’s role is to act on your behalf to make certain decisions if you are unable to in the future. An attorney does not need to be a lawyer.

Read more about Enduring power of attorney