Co-decision-maker

If a person is unable to make certain decision on their own they will be able to choose someone they know and trust to be their co-decision-maker. This is written down in a co-decision-making agreement.

The co-decision-maker’s role is to make certain decisions together with the person.

As a co-decision-maker, you will have the legal authority to help the person by gathering relevant information and explaining it to them. Together, you look at the information and discuss the different options and outcomes. You will jointly come to a decision that respects the wishes of the person. You can also support the person to let other people know about the decision that has been made.

If a person wants you to be their co-decision-maker, they will be able to make a co-decision-making agreement with you. The agreement is made in writing and lists the decisions you will make together. The agreement must be registered with us.

Who can be a co-decision maker?

You can become a co-decision-maker if you are an adult (18 years and over). You must be known and trusted by the person appointing you.

Some people cannot be a co-decision-maker. You are not allowed to be a co-decision-maker if you:

  • have been convicted of an offence against the person appointing you or their child
  • are financially insolvent (unless the agreement is only about personal welfare decisions)
  • are the owner or a registered provider of a designated centre or mental health facility where the person lives (unless you are a relative of the person)
  • have previously been a co-decision-maker for the person but were removed from that role
  • have been convicted of an offence relating to making a false statement in or about application to make a decision support arrangement
  • have been convicted of an offence of forcing or pressuring a person to make a decision support arrangement
  • have been convicted of an offence of ill-treating or wilfully neglecting a relevant person

Read more about Who can be a co-decision maker?

What's involved in being a co-decision-maker?

As a co-decision-maker, your role will be to make certain decisions together with the person who has appointed you. You will only act as co-decision-maker for decisions listed in the agreement. However, any decision included in the agreement must be made together.

Read more about What's involved in being a co-decision-maker?

Monitoring and supervision

Co-decision-makers will have to send a written report to us every year. These reports will include details of big decisions made together as part of the agreement.

Read more about Monitoring and supervision

How do you become a co-decision-maker?

If a person wants you to be their co-decision-maker, they will make a co-decision-making agreement with you.

Read more about How do you become a co-decision-maker?

How to find out if someone is a co-decision-maker?

When we are notified about a co-decision-making agreement, we will review it and provide the person and their co-decision-maker with a certified copy of the agreement. This will confirm that the co-decision-maker has the legal authority to make certain decisions together with the person. The certified copy will be able to be requested by anyone who has dealings with the co-decision-maker.

We keep a register of co-decision-making agreements.

Certain people and organisations, like banks, lawyers and doctors, can search this register. Family members and carers may also ask to search to register if they have a good reason to do so. We can confirm that a co-decision-making agreement is in place. We can also give them a certified copy of the agreement.

Read more about How to find out if someone is a co-decision-maker?

Making a complaint about a co-decision-maker

Any person can make a complaint to us about a co-decision-maker. Complaints must be made in writing and must be for one of the following reasons:

  • the co-decision-maker is helping with decisions that are not included in the agreement
  • the co-decision-maker is trying to make decisions on behalf of the person
  • the co-decision-maker is not suitable for the role
  • the co-decision-maker used fraud, coercion or undue pressure to get the person to make, vary or revoke the agreement
  • the person does not need the co-decision-maker
  • the person is unable make decisions even with the co-decision-maker’s help

Find out more about making a complaint about a co-decision-maker, here.