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Decision making can be hard! At times, we all lean on our supports to help us make decisions. However, some people don't have access to the right supports and this affects their ability to make a decision. Article 12 of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) tells us how important it is to provide supports in order to uphold people's rights to make their own decisions.
We can represent decision-making as happening on a continuum from independent decision-making, through to supported decision-making, and then substitute decision-making.
Select each accordian below to learn more.
Independent decision-making happens when the person who needs to make the decision does so themselves without support. Often, though, people will get some advice from friends, family or professionals, and so, much of our decision-making is actually with informal support.
Supported decision-making is the process of assisting a person to make their own decisions, so they can develop and pursue their own goals, make choices about their life, and exercise control over the things that are important to them. Article 12 of the UNCRPD states that people with disability must be provided with support where needed. All of us can play a role in providing support.
Means of support might include a trusted person, a peer or friend, advocacy support or assistance with communication.
Support can be informal or formal, and of varying types and intensity. It can be as simple as providing information in an understandable format, such as in plain English, with pictures, in electronic format or using interpreters.
A person may have planned ahead with a power of attorney or enduring guardianship document, in which their will and preference is stated. Referring to these documents supports a person's wishes.
If a decision has to be made and all efforts to support a person through the decision-making process do not result in the person making a decision, a substitute decision-maker might need to be appointed to make that decision for the person.
Substitute decision-making can happen informally for small, uncomplicated decisions where there is no conflict about the decision and when the person has trusted people in their life - such as family, friends or carers who can make the decision.
A decision may require a formal appointment where there are significant or legal consequences or if there is conflict about a decision. If a decision requires a formal substitute decision-maker, the substitute decision-maker may need to be appointed by a Court or Tribunal. Or, there may be a substitute decision-maker already identified, such as a Person Responsible for medical/dental consents, in a planning ahead document such as an Enduring Guardianship document (for health and/or personal decisions), a Power of Attorney (for financial decisions), or an Advance Care Directive (for health decisions).
27 Nov 2024