Who can be a decision-making representative?
The court will consider a number of things when they choose a suitable decision making representative, including:
- the known wishes of the person
- their relationship and compatibility with you
- your ability to perform the role
- conflicts of interest
Some people cannot be a decision-making representative. You are not allowed to be a decision-making representative 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 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 pressurising a person to make a decision support arrangement
- have been convicted of an offence of ill-treating or will-fully neglecting a relevant person
If there is no one suitable who is willing or available to be the decision-making representative, the court can appoint a decision-making representative from an expert panel which can be accessed at the link expert panel maintained by us.
- Who can be a decision-making representative?
- What is involved in being a decision-making representative?
- Monitoring and supervision
- How do you become a decision-making representative?
- How to find out if someone is a decision-making representative?
- Making a complaint about a decision-making representative