Types of decision-making arrangements
There are a number of different arrangements to help people with their decision-making.
The person who may need help making decisions is known as the Relevant Person.
Decision-making assistants
If you have difficulty making certain decisions on your own without help, you can appoint someone you trust to act as a decision-making assistant.
This agreement lets you choose the decisions you need help with and gives someone the legal authority to help you to make those decisions for yourself.
These decisions can be about your personal welfare or your property and money matters.
Your decision-making assistant will help you to gather information and explain it to you. They can help you to understand and weigh up your options. They can also help to let other people know what your decision is.
Co-decision-making
If you are unable to make certain decisions on your own, you can make a co-decision-making agreement. This agreement lets you choose someone you know and trust such as a friend or family member as a co-decision-maker.
This agreement lets you write down decisions you need help with and give someone the legal authority to make those decisions jointly with you.
They will help you to gather information and explain it to you in a way that you understand. They can also support you to let other people know about the decision you have made together.
Decision-making representatives
If you are unable to make certain decisions even with someone else’s support, the court may appoint a decision-making representative to you. The decision-making representative is appointed by the court to make certain decisions on your behalf, taking into account your wishes. This is known as a decision-making representative order.
If possible, the court will appoint someone you know and trust as your decision-making representative. However, if there is no-one willing or able to act on your behalf, the court may appoint someone from our panel of trained experts.
Read more on decision-making representatives here.
Advance planning arrangements
Advance Healthcare directive
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.
The Designated Healthcare Representative'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.
An Advance Healthcare Directive 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 Advance Healthcare Directive, but it must be signed and witnessed.
Please see the Decision Support Service website for further information..
Enduring Power of Attorney
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.
The Enduring Power of Attorney gives the appointed attorney the authority to make decisions about the Relevant Person's financial or personal affairs.
An Enduring Power of Attorney cannot include medical treatment decisions.
You might want to consider taking professional legal advice before appointing an attorney.
