There are a number of different arrangements under the ADMC Act to help people with their decision-making:
Decision-Making Representative
A Decision-Making Representative can only be appointed by the court. If the court declares that the Relevant Person lacks capacity, even with support, it can make a decision-making representation order and appoint a decision-making representative.
Decision-Making Assistance (DMA) Agreement
This agreement is for a Relevant Person who may need support to make certain decisions. In this situation, they can appoint a Decision-Making Assistant to help them. Decisions may be about personal welfare, property, or money matters. For more information, please see the Decision Support Service website.
Co-Decision-Making (CDM) Agreement
This agreement is for a Relevant Person who is currently unable to make certain decisions on their own. In this situation, they can appoint a Co-Decision-Maker who they can make these decisions with. Decisions may be about personal welfare, property, or money matters. Please see the DSS website for further information.
Advance Healthcare Directive (AHD)
This directive is for a Relevant Person who is planning for a time when they will not have the mental capacity to look after their own personal, property, or health matters.
In this situation, they can appoint someone as their Designated Healthcare Representative (DHR). The DHR's role is to act on the Relevant Person’s behalf regarding future healthcare and treatment decisions.
This appointment will be based on directions contained in a document called an Advance Healthcare Directive (AHD). An AHD is a written statement to healthcare professionals setting out the types of medical, surgical, or healthcare treatments that the Relevant Person wishes to have - or not have - in the future. You do not need a solicitor or legal advice to draw up an AHD, but it must be signed and witnessed. Please see the DSS website for further information.
Enduring Power of Attorney (EPA)
This is for a Relevant Person who is planning for a time when they will not have the mental capacity to look after their own personal welfare, and/or property and affairs.
In this situation, they can appoint someone as their attorney through an Enduring Power of Attorney (EPA). The EPA gives the appointed attorney the authority to make decisions about the Relevant Person's financial or personal affairs. An EPA cannot include medical treatment decisions.
You might want to consider taking professional legal advice before appointing an attorney.