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.