Providing support for decision-making is a big responsibility
Supporting an adult who needs help making some decisions is an important responsibility. You might worry about their future, especially about what will happen if you're no longer able to help them yourself.
This can feel overwhelming but by planning early you can bring peace of mind to everyone.
By ensuring that they’ll have appropriate support when they need it, they’ll be able to participate in decisions to the greatest extent possible. Both now and in the future.
The law and an adult’s decision-making capacity
Every adult has the legal right to make decisions about their own life such as:
- health care choices
- support services they may need
- where they live and how they manage their finances.
However, some adults may need help to make certain decisions.
Under Queensland law, assessing a person’s capacity to make a decision is specific to:
- the type of decision
- when the decision must be made.
Their capacity can change, fluctuate or be influenced by:
- the type of decision and how complex it is
- when the decision needs to be made
- the support available to the person to help make the decision.
While an adult might not be able to make a particular decision at a certain time, they may be able to:
- make other decisions
- make that same decision at another time.
Informal and formal arrangements
In Queensland, there are 2 main ways for how people can be supported with decision-making:
- informally, through help from family, friends, and other trusted people
- formally, through legal arrangements like an enduring power of attorney (EPOA) or the guardianship and administration system.
Formal guardianship is the most restrictive option. It should only be used as a last resort. Before applying for guardianship or administration, you should try all other reasonable support options first.
The information on this page can help you explore both informal and formal options.
Guide: Decision-making support for adults with impaired capacity
This guide provides practical information to help you plan for the adult’s changing decision-making needs over time.
In Section 1 you can learn about their legal rights and available support systems.
In Section 2 you can find practical tips to help you and the adult establish decision-making support that may be needed now and in the future.
Planning resources
A range of planning templates are available to complete with the adult and their support network to ensure a record of the adult’s needs and wishes are clearly documented.
It includes support with:
- documenting current and future needs and wishes
- things to consider when seeking to understand the adult’s capacity to make a certain decision.
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An emergency care plan makes it easy for someone to take over from you at short notice.
It can be completed and shared with the adult and their supports for shared access to the following information:
- Care routine
- Emergency contacts
- Organisations involved in providing care to the person
- Medical information and contacts
The Carer Gateway offers a template for you to fill in.
The template also includes a Carer Card that you and the adult can have on you in the event of an emergency and something happens to you or the adult.
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ADA Law has developed a Supported Decision-Making guide.
The guide provides support checklists to help identify what decisions the adult may need to make.
It also offers information about the decisions adults may need help with across the following topics:
- help at home
- NDIS
- healthcare
- Personal choice and safety
- money management
- formal or legal decision-making, both financial and non-financial.
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The Department of Health, Disability and Ageing has produced a booklet called Planning for the Future: People with Disability.
The booklet also provides the following things to consider:
- the current needs and wishes of the adult to lead a fulfilling life
- the adult’s current situation and care arrangements
- what information to take to a lawyer before creating a Will or trust.
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The Queensland Government's capacity guidelines document provides general information about:
- capacity
- capacity assessment
- the legal tests of capacity in Queensland
It also includes:
- checklists to use for conducting a capacity assessment
- helpful information, hints, tips, examples and practical guidance for making capacity assessments.
Support resources
To help people assisting an adult who has impaired decision-making capacity, we've collated a list of organisations in Queensland that can provide support, information and advice.
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AskIzzy
Find service providers and government agencies who can provide a range of supports in your local area.
Australian Government
The Department of Health, Disability and Ageing provides information and resources for people with disability and their carers.
Department of Health, Disability and Ageing website
Carers Queensland Australia
Carers Queensland Australia provides information and services for people with disability and their carers. It’s an NDIS local area coordination partner, connecting people with community services and supports they need to live fulfilling and connected lives.
Carers Queensland Australia website
Disability Advocacy Pathways
Disability Advocacy Pathways assists Queenslanders with disability, their family, friends and carers to find advocacy services to suit their needs and location.
Find Your Service Area from Disability Advocacy Pathways
Endeavour Foundation
Endeavour Foundation provides community support services for people with an intellectual disability who want to build skills, make friends and be more active in their community.
Disability Services from the Endeavour Foundation
National Disability Insurance Scheme
The NDIS provides funding for services, items and equipment to support a person with disability that meet specific criteria including helping a person to maintain their informal supports.
Queensland Government
The Department of Families, Seniors, Disability Services and Child Safety plays a role in providing disability services and support for people with disability, including accommodation support and respite services.
Support for people with disability from Queensland Government
Queenslanders with Disability Network (QDN)
QDN delivers and support programs and services that support older people, including helping people with disability and from culturally and linguistically diverse backgrounds to navigate the aged care system.
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Queensland legislation
Understand the legislation around powers of attorney in Queensland.
Queensland Public Trustee
Learn about powers of attorney and how they're used to allow financial and legal decisions to be made on your behalf, if you're unable to do so yourself.
ADA Law
Find helpful information and services for support with guardianship, administration and enduring power of attorney matters for people with impaired decision-making capacity.
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Queensland legislation
Understand the legislation around guardianship and administration in Queensland.
Guardianship and Administration Act 2000
Queensland Government
Learn more about Queensland’s guardianship system.
Making decisions for others as a guardian or administrator from Queensland Government
Office of the Public Guardian
Can help to protect adults with impaired decision making to make personal and health decisions.
Office of the Public Guardian website
Queensland Civil and Administrative Tribunal
Applications for guardianship and administration, as well as application regarding capacity and attorneys can be made at QCAT.
Learn about case types from QCAT
Queensland Public Trustee
QPT provides independent personal financial administration services for adults with impaired capacity.
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Financial Advice Association Australia (FAAA)
FAAA is a leading body representing financial advice professionals in Australia. You can use their Find a Planner tool to find a financial planner near you.
Moneysmart
An Australian Government website that provides free tools and tips so support money decisions.
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The Queensland Law Handbook
Caxton Legal Centre have produced a comprehensive, plain-English legal resource designed to help you deal with your legal problems.
The Queensland Law Handbook from Caxton Legal Centre
ADA Law
ADA Law is a community legal service providing legal advice, representation, information and advocacy support to adults whose decision-making capacity is impaired or in question.
ADA Law Community Legal Service
Community Legal Centres Queensland
Call or visit your nearest community legal centre or specialist legal centre for people with disability or a mental illness. Community legal centres can provide free legal advice for your situation.
Community Legal Centres Queensland website
Queensland Advocacy for Inclusion
QAI is an independent organisation that advocates for the protection and advancement of the needs, rights and lives of people with disability in Queensland, including legal support services.
You & The Law
You & The Law is an initiative of the Queensland Law Society. he provide a service where you can find a solicitor in your area.