In addition to the Advance Healthcare Directive and the Enduring Power of Attorney this Act also allows a person to create two separate decision support arrangements, depending on the level of decision making support a person requires.
A person whose capacity is in question or will shortly be in question can choose another person to either jointly make decisions with them or to assist them to make decisions.
A Co-Decision Making Agreement
- This is an agreement whereby a person has appointed another person (i.e. a co-decision maker) to make decisions jointly with them.
- The co-decision-maker will get the information needed to make a decision, advise on decisions and make decisions together with the appointer based on their will and preferences
A Decision-Making Assistance Agreement
- The assistant will assist the person making the decision by
- helping them get the information needed to make the decision,
- explaining the information to the person
- ascertaining the person’s will and preference in relation to the decision.
- The assistant will also communicate the decision if necessary and follow up on the decision to ensure it is implemented.
- However, unlike a co-decision maker, a decision making assistant does not make decisions jointly or otherwise on behalf of the appointer. The decision in this instance is made by the person alone.