Chapter 6 - Conclusion

Summary

In this module, you have learnt that decision-making ability and legal capacity are different concepts. In NSW, a person's level of decision-making ability is relevant to whether they are able to use their legal capacity to make their own significant decisions, or whether another person will be appointed to make substitute decisions for them.

You've discovered that every adult has the right to make their own decisions, including decisions with which others may not agree. Every adult has dignity of risk in decision-making. This decision-making happens on a continuum from independent to supported to substituted decisions, with an emphasis on independent and supported decision-making. This means substitute decision-making is a last resort, only to be used in very limited circumstances.

You've also learnt that decision-making ability is decision specific and can fluctuate due to many factors. This means different support types and levels may be required for each decision, and support may be required at one time but not another.

Seeking advice

If the person you've provided support to has not been able to make their own decision, you may need to seek advice about whether you need a substitute decision-maker to make the decision for the person.

You can find further information from:

• NSW Public Guardian
• NSW Civil and Administrative Tribunal
• NSW Trustee and Guardian

For more detailed information on assessment of decision-making ability in NSW see the NSW Capacity Toolkit.

Congratulations!

You've successfully completed the Decision-making and capacity module.

You've learnt about the differences between legal and mental capacity, dignity of risk, and the factors influencing a person's decision-making.

Complete the 'Decision-making and capacity' survey to provide us with your feedback.

Or, contact Government Relations: government.relations@dcj.nsw.gov.au