Every day, we make a countless number of decisions. Some decisions have been thought through with logic, others may be impulsive, made instinctively and guided by our emotions and preferences. Through the decisions we make, we can exert control over our own lives, and experience new things.
Often people will exercise their right to make independent decisions, especially when they feel they do not require help to make such a decision. Even when a person is well informed, they may still make use of the support and advice from trusted people or people with specific expertise that are well placed to assist them in making a specific decision.
However, some people may need a higher level of support to make a specific decision, and the degree of support may vary according to the complexity of the decision. People living with mental health and co-existing conditions may experience difficulties making decisions for a number of reasons, including: how well they are at a particular time, the impact of their condition on their thinking, the side-effects of medications prescribed, the time of day, as well as the stress that can arise from the necessity to make a decision in itself.
People may also experience difficulties in making decisions because in the past others have made decisions on their behalf. Past experience of failure or imposed negative beliefs of others may have affected their sense of confidence and they may feel unwilling to make a decision alone or take the risk.
Some people may also be subject to an involuntary treatment order, a GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More or Financial Management OrderIf a person with a mental illness or mental disorder is unable to manage their own financial affairs the NSW Trustee and Guardian Act 2009 allows for a Financial Management Order (FMO) to be made. The Mental Health Review Tribunal is one of the bodies with the power to make FMOs for management of part of or the whole of an estate. FMOs can also be made by the Supreme Court and the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT). When the Mental Health Review Tribunal makes a FMO, it appoints the NSW Trustee to manage the financial affairs of the person. The NSW Trustee manages the property, business and financial interests in close consultation with the person, and if appropriate, his or her nominated friend, relative, guardian or designated carer or principal care provider. The actual day to day management of the person’s affairs is undertaken by staff who work for the NSW Trustee. More, which all have consequences on their right to independently make decisions in a number of areas. Whilst such orders are intended to support the participation of the person in decision-making about things that affect their lives, in reality people who are appointed as a person’s GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More or Financial ManagerA Financial Manager can make decisions about the ‘estate’ of a person who does not have legal capacity to make these decisions for themselves. The ‘estate’ of a person includes their financial, property and legal affairs. A Financial Manager can be a person, officer (e.g. NSW Trustee and Guardian), or organisation (e.g. a trustee company) appointed by a Tribunal (e.g. the Guardianship Division of NSW Civil and Administrative Tribunal, or the Mental Health Review Tribunal) or the Supreme Court of NSW. More will exercise authority over the person in those circumstances.
There are some different approaches to decision-making, and they often vary in different services and settings. Decision-making approaches range from independent decision-making through to formal arrangements such as GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More, with a number of support options occurring in between. Different levels of support may be required at different points in people’s lives, depending on the person’s current life circumstance and the network of supports available to them.
Chapter 5 of this this manual provides an overview of GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More, Financial Management, Power of AttorneyA Power of Attorney is a legal document in which a person appoints someone or a trustee organisation to make financial or legal decisions on his/her behalf. A Power of Attorney can only be made by a person who has legal capacity to do so. An Attorney must always act in the person’s best interests. More and Advanced Care Directives.
This chapter will provide information about:
A person’s support worker may assist them through ‘supported decision-making’, which involves a range of practices where a person with a disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More is assisted to make or implement their own decisions.
Supported decision-makingSupported decision making is the process of assisting a person to make their own decisions so they can identify and pursue goals, make choices about their life and exercise control over the things that are important to them. The person is always at the centre of the process, driven by the person’s needs and wants and their decision-making style. It is an approach designed to support people to exercise their legal capacity. More may include formal processes, such as written agreement that includes the decisions made and the parties involved. It can also take place informally where family members, friends, carers and paid workers may all play a role in supporting a person to make decisions about the things that are important to them. Supporters should remain unbiased in their assistance and not impose their personal preferences for a particular outcome.
Supported decision-makingSupported decision making is the process of assisting a person to make their own decisions so they can identify and pursue goals, make choices about their life and exercise control over the things that are important to them. The person is always at the centre of the process, driven by the person’s needs and wants and their decision-making style. It is an approach designed to support people to exercise their legal capacity. More helps maximise independence and dignity. This type of decision-making supports the process of building skills and assisting a person to make their own decisions by identifying the goals they want to pursue, make choices about their life and exercise control over the things that are important to them.
These principles provide the basis for supported decision-making practice:
Supported decision-makingSupported decision making is the process of assisting a person to make their own decisions so they can identify and pursue goals, make choices about their life and exercise control over the things that are important to them. The person is always at the centre of the process, driven by the person’s needs and wants and their decision-making style. It is an approach designed to support people to exercise their legal capacity. More is an approach informed by recovery-oriented practiceRecovery-oriented practice refers to the application of sets of skills and capabilities that support people to undertake the journey of individual recovery. This assists people to recognise and take responsibility for their own recovery and wellbeing, and define their own goals, wishes and aspirations. More, which aims to maximise choice and controlChoice and control refers to a person deciding what will enable them to live a fulfilling life. In the context of the NDIS, this may include deciding what supports and services they may need and want to assist them. More – which are objectives underpinning NDIS operations. Supported decision-makingSupported decision making is the process of assisting a person to make their own decisions so they can identify and pursue goals, make choices about their life and exercise control over the things that are important to them. The person is always at the centre of the process, driven by the person’s needs and wants and their decision-making style. It is an approach designed to support people to exercise their legal capacity. More emphasises the centrality of a participant’s right to directing and making decisions about what is important to them in leading a good life, and supports people to build the skills and capacityCapacity refers to a person’s ability to make his/her own decisions and give informed consent. These may be small decisions, such as what to do each day, or bigger decisions like where to live or whether to have a medical procedure. A person may lack capacity in some areas, but still be able to make other decisions. More to better participate in the community and in employment. This approach best allows participants to exercise choice and controlChoice and control refers to a person deciding what will enable them to live a fulfilling life. In the context of the NDIS, this may include deciding what supports and services they may need and want to assist them. More over their NDIS funded package if they are unable to represent themselves independently in the development of their plan.
Shared decision-making is when an individual actively seeks and uses the opinions of a support person with whom they generally have a formal relationship. The support person and the individual work together to weigh up the benefits and risks involved and choose the best outcome for the individual.
While this approach can be very helpful, shared decision-making can lead to ‘proxy decision-making’, when the support person makes the decision for the individual. To ensure that proxy decision-making does not happen, the individual with the disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More should retain choice and controlChoice and control refers to a person deciding what will enable them to live a fulfilling life. In the context of the NDIS, this may include deciding what supports and services they may need and want to assist them. More in the decision-making process.
A substitute decision-maker is a person who has the power to make a decision for a person who is unable to make the decision themselves. The substitute decision-maker makes a decision from that person’s perspective and wherever possible, and their decisions should be informed by the person’s will and preferences. Generally, the substitute decision-maker’s decision has the same legal effect as if the person had capacityCapacity refers to a person’s ability to make his/her own decisions and give informed consent. These may be small decisions, such as what to do each day, or bigger decisions like where to live or whether to have a medical procedure. A person may lack capacity in some areas, but still be able to make other decisions. More and made the decision themselves.
There are different types of substitute decision-makers depending on the type of decision.
A GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More can make healthcare, lifestyle and medical decisions on someone’s behalf. A GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More can be a person or a government body. For more information about GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More, click here.
A Financial ManagerA Financial Manager can make decisions about the ‘estate’ of a person who does not have legal capacity to make these decisions for themselves. The ‘estate’ of a person includes their financial, property and legal affairs. A Financial Manager can be a person, officer (e.g. NSW Trustee and Guardian), or organisation (e.g. a trustee company) appointed by a Tribunal (e.g. the Guardianship Division of NSW Civil and Administrative Tribunal, or the Mental Health Review Tribunal) or the Supreme Court of NSW. More can make legal and financial decisions on someone’s behalf. A Financial ManagerA Financial Manager can make decisions about the ‘estate’ of a person who does not have legal capacity to make these decisions for themselves. The ‘estate’ of a person includes their financial, property and legal affairs. A Financial Manager can be a person, officer (e.g. NSW Trustee and Guardian), or organisation (e.g. a trustee company) appointed by a Tribunal (e.g. the Guardianship Division of NSW Civil and Administrative Tribunal, or the Mental Health Review Tribunal) or the Supreme Court of NSW. More can be a person or a government body. For more information about Financial ManagerA Financial Manager can make decisions about the ‘estate’ of a person who does not have legal capacity to make these decisions for themselves. The ‘estate’ of a person includes their financial, property and legal affairs. A Financial Manager can be a person, officer (e.g. NSW Trustee and Guardian), or organisation (e.g. a trustee company) appointed by a Tribunal (e.g. the Guardianship Division of NSW Civil and Administrative Tribunal, or the Mental Health Review Tribunal) or the Supreme Court of NSW. More, click here.
A GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More Order can be made by the NSW Civil and Administrative Tribunal (‘the Tribunal’) for a person who cannot is totally or partially incapable of making important life decisions because of their disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More. The Tribunal will consider whether or not there is a need for a GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More Order, or whether services can be provided without a legal order.
If it decides to make a GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More Order, the Tribunal can appoint a friend or family member as the guardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More (known as a ‘private guardian’) or a public body called the Public GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More. The Public GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More will only be appointed in circumstances where a private guardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More can be appointed. Guardians are given “functions”, or areas of decision-making, in the order. The most common functions are to make decisions about accommodation, health care, medical and dental consentAgreeing to medical treatment is called ‘consent’. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More and services.
A GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More may have a decision-making role in respect of restrictive practices. Restrictive practices should only be used in the context of a holistic response to the person’s needs, and in particular to the factors that may be causing the behaviour that is an issue. If a GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More has a restrictive practices function, it gives the GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More the authority to consentAgreeing to medical treatment is called ‘consent’. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More (or to refuse consentAgreeing to medical treatment is called ‘consent’. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More) to the use of restrictive practices aimed at managing a person’s behaviour. For more information, please see the NCAT Fact Sheet.
The GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More is the substitute decision-maker and they are legally responsible for certain decisions and makes them in the best interests of the person. Wherever possible, their decisions should be informed by the person’s will and preferences.
An Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. More can make healthcare, lifestyle and medical decisions for a person with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More even if they become unable to make their own decisions. If you have a private or Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. More, they should contact the National DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Insurance Agency (NDIA) to make them aware that they are your legally appointed GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More. Service providers and your Local Area CoordinatorLocal Area Coordinators are organisations which are partners with the NDIA in local communities who work with people, their families and carers to access and manage the NDIS. LACs also help connect people to supports and services outside of the NDIS. More should also be informed of who your legally appointed GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More is and the extent of their decision making authority.
When decisions need to be made, the NDIA works with the person or body who has GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More responsibility in the same way that they would work with parents and carers of NDIS participants who are under eighteen (18). However, it is understood that NDIA planners will support participants as much as possible to exercise choice and controlChoice and control refers to a person deciding what will enable them to live a fulfilling life. In the context of the NDIS, this may include deciding what supports and services they may need and want to assist them. More over their supports and providers.
Guardians will assist developing a NDIS plan, helping to identify participant’s goals, and providing consentAgreeing to medical treatment is called ‘consent’. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More to employ or terminate services. They will advocateAn advocate is a person who will support someone and help them stand up for their rights, needs and wants. An advocate can also sometimes speak or write on the behalf of another person. A person’s family or friends can be their advocates, or their advocate may be a professional. An advocate may or may not be a lawyer. More for the participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More to ensure that the NDIA is aware of the current needs of the person, their cultural and lifestyle preferences and any critical unmet needs or gaps in service delivery are addressed.
Guardians are allowed to contact the NDIA on your behalf if you are unable to make contact yourself and they also have the ability to make an NDIS access request on your behalf.
Follow this link for the overview of Guardianship.
Follow this link for information about Guardians and the NDIS.
The NSW Civil and Administrative Tribunal can make a Financial Management OrderIf a person with a mental illness or mental disorder is unable to manage their own financial affairs the NSW Trustee and Guardian Act 2009 allows for a Financial Management Order (FMO) to be made. The Mental Health Review Tribunal is one of the bodies with the power to make FMOs for management of part of or the whole of an estate. FMOs can also be made by the Supreme Court and the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT). When the Mental Health Review Tribunal makes a FMO, it appoints the NSW Trustee to manage the financial affairs of the person. The NSW Trustee manages the property, business and financial interests in close consultation with the person, and if appropriate, his or her nominated friend, relative, guardian or designated carer or principal care provider. The actual day to day management of the person’s affairs is undertaken by staff who work for the NSW Trustee. More for someone in circumstances where they are not capable of managing their affairs, there is a need for another person to manage their affairs, and if it is in the person’s best interests that the order be made. The Tribunal will consider a person’s capacityCapacity refers to a person’s ability to make his/her own decisions and give informed consent. These may be small decisions, such as what to do each day, or bigger decisions like where to live or whether to have a medical procedure. A person may lack capacity in some areas, but still be able to make other decisions. More for self-management at the time as well as into the future.
If the Tribunal decides to exercise the discretion to make a Financial Management OrderIf a person with a mental illness or mental disorder is unable to manage their own financial affairs the NSW Trustee and Guardian Act 2009 allows for a Financial Management Order (FMO) to be made. The Mental Health Review Tribunal is one of the bodies with the power to make FMOs for management of part of or the whole of an estate. FMOs can also be made by the Supreme Court and the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT). When the Mental Health Review Tribunal makes a FMO, it appoints the NSW Trustee to manage the financial affairs of the person. The NSW Trustee manages the property, business and financial interests in close consultation with the person, and if appropriate, his or her nominated friend, relative, guardian or designated carer or principal care provider. The actual day to day management of the person’s affairs is undertaken by staff who work for the NSW Trustee. More, it can appoint a family member or friend, as the person’s financial managerA Financial Manager can make decisions about the ‘estate’ of a person who does not have legal capacity to make these decisions for themselves. The ‘estate’ of a person includes their financial, property and legal affairs. A Financial Manager can be a person, officer (e.g. NSW Trustee and Guardian), or organisation (e.g. a trustee company) appointed by a Tribunal (e.g. the Guardianship Division of NSW Civil and Administrative Tribunal, or the Mental Health Review Tribunal) or the Supreme Court of NSW. More (called the ‘private manager’). The Tribunal can appoint the NSW Trustee and GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More (NSWTG) as manager. They are a government body. The Financial ManagerA Financial Manager can make decisions about the ‘estate’ of a person who does not have legal capacity to make these decisions for themselves. The ‘estate’ of a person includes their financial, property and legal affairs. A Financial Manager can be a person, officer (e.g. NSW Trustee and Guardian), or organisation (e.g. a trustee company) appointed by a Tribunal (e.g. the Guardianship Division of NSW Civil and Administrative Tribunal, or the Mental Health Review Tribunal) or the Supreme Court of NSW. More is a substitute decision-maker who can make decisions about someone’s financial, property and legal matters.
If you are an NDIS participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More and you are currently under a Financial Management OrderIf a person with a mental illness or mental disorder is unable to manage their own financial affairs the NSW Trustee and Guardian Act 2009 allows for a Financial Management Order (FMO) to be made. The Mental Health Review Tribunal is one of the bodies with the power to make FMOs for management of part of or the whole of an estate. FMOs can also be made by the Supreme Court and the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT). When the Mental Health Review Tribunal makes a FMO, it appoints the NSW Trustee to manage the financial affairs of the person. The NSW Trustee manages the property, business and financial interests in close consultation with the person, and if appropriate, his or her nominated friend, relative, guardian or designated carer or principal care provider. The actual day to day management of the person’s affairs is undertaken by staff who work for the NSW Trustee. More, your NDIS funding is not managed by your Financial ManagerA Financial Manager can make decisions about the ‘estate’ of a person who does not have legal capacity to make these decisions for themselves. The ‘estate’ of a person includes their financial, property and legal affairs. A Financial Manager can be a person, officer (e.g. NSW Trustee and Guardian), or organisation (e.g. a trustee company) appointed by a Tribunal (e.g. the Guardianship Division of NSW Civil and Administrative Tribunal, or the Mental Health Review Tribunal) or the Supreme Court of NSW. More as it is not classified as being part of your estate. However, your financial managerA Financial Manager can make decisions about the ‘estate’ of a person who does not have legal capacity to make these decisions for themselves. The ‘estate’ of a person includes their financial, property and legal affairs. A Financial Manager can be a person, officer (e.g. NSW Trustee and Guardian), or organisation (e.g. a trustee company) appointed by a Tribunal (e.g. the Guardianship Division of NSW Civil and Administrative Tribunal, or the Mental Health Review Tribunal) or the Supreme Court of NSW. More should know about what is included in your plan as there may be associated costs that you will need to pay for. Your NDIS plan will either be managed by a plan manager or the NDIA . The only aspect of your plan which your Financial ManagerA Financial Manager can make decisions about the ‘estate’ of a person who does not have legal capacity to make these decisions for themselves. The ‘estate’ of a person includes their financial, property and legal affairs. A Financial Manager can be a person, officer (e.g. NSW Trustee and Guardian), or organisation (e.g. a trustee company) appointed by a Tribunal (e.g. the Guardianship Division of NSW Civil and Administrative Tribunal, or the Mental Health Review Tribunal) or the Supreme Court of NSW. More can supervise is if a there is a transport funding component to your NDIS plan.
Once your plan has been prepared, the NDIA should provide the NSWTG with a copy of your plan. It is recommended that if you have a Financial Management OrderIf a person with a mental illness or mental disorder is unable to manage their own financial affairs the NSW Trustee and Guardian Act 2009 allows for a Financial Management Order (FMO) to be made. The Mental Health Review Tribunal is one of the bodies with the power to make FMOs for management of part of or the whole of an estate. FMOs can also be made by the Supreme Court and the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT). When the Mental Health Review Tribunal makes a FMO, it appoints the NSW Trustee to manage the financial affairs of the person. The NSW Trustee manages the property, business and financial interests in close consultation with the person, and if appropriate, his or her nominated friend, relative, guardian or designated carer or principal care provider. The actual day to day management of the person’s affairs is undertaken by staff who work for the NSW Trustee. More, that a Support Coordinator should be included in your package.
If you urgently require a service that is not yet covered by your NDIS funding or you have used all your transport funding and you still need transport, your Financial ManagerA Financial Manager can make decisions about the ‘estate’ of a person who does not have legal capacity to make these decisions for themselves. The ‘estate’ of a person includes their financial, property and legal affairs. A Financial Manager can be a person, officer (e.g. NSW Trustee and Guardian), or organisation (e.g. a trustee company) appointed by a Tribunal (e.g. the Guardianship Division of NSW Civil and Administrative Tribunal, or the Mental Health Review Tribunal) or the Supreme Court of NSW. More is able to pay for these supports from your own funds if they are affordable and approved by the NSWTG.
For an overview and more information about financial management orders, click here.
The NDIS aims to support participants to maximise choice and controlChoice and control refers to a person deciding what will enable them to live a fulfilling life. In the context of the NDIS, this may include deciding what supports and services they may need and want to assist them. More in decision-making, and holds the presumption that persons over eighteen (18) years have the full capacityCapacity refers to a person’s ability to make his/her own decisions and give informed consent. These may be small decisions, such as what to do each day, or bigger decisions like where to live or whether to have a medical procedure. A person may lack capacity in some areas, but still be able to make other decisions. More to decide what is in their best interests; and can make decisions regarding the supports they need and how they use them.
However, where a person is considered to lack the capacityCapacity refers to a person’s ability to make his/her own decisions and give informed consent. These may be small decisions, such as what to do each day, or bigger decisions like where to live or whether to have a medical procedure. A person may lack capacity in some areas, but still be able to make other decisions. More to make such decisions and the participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More is not currently under a formal GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More order, a nomineeIn the context of the NDIS, a nominee is a person who can make decisions for a person that is considered to lack capacity in decision-making processes and is not under a guardianship order. More may be appointed by the National DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Insurance Agency (NDIA). Nominees have a duty to help you meet your goals and aspirations and help make decisions that will ensure these aspirations will be achieved and maximise your overall wellbeing. It is rare for the NDIA to find it necessary to appoint a nomineeIn the context of the NDIS, a nominee is a person who can make decisions for a person that is considered to lack capacity in decision-making processes and is not under a guardianship order. More for a participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More who has not requested one themselves.
The decision to appoint or not to appoint a nominee can be appealed to the Administrative Appeals Tribunal (AAT). The process of deciding to appoint a nomineeIn the context of the NDIS, a nominee is a person who can make decisions for a person that is considered to lack capacity in decision-making processes and is not under a guardianship order. More is about what is considered to be in the best interest of the participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More, and this is handled individually for each participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More. The NDIA will take into account your existing informal supports and networks when deciding who should be appointed as your nomineeIn the context of the NDIS, a nominee is a person who can make decisions for a person that is considered to lack capacity in decision-making processes and is not under a guardianship order. More.
If you are currently under GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More , the assumption with the NDIA is that your GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More will be your appointed nomineeIn the context of the NDIS, a nominee is a person who can make decisions for a person that is considered to lack capacity in decision-making processes and is not under a guardianship order. More.
There are two types of nominees: a correspondence nominee or a plan nominee, with one individual able to perform both roles.
A correspondence nomineeIn the context of the NDIS, a nominee is a person who can make decisions for a person that is considered to lack capacity in decision-making processes and is not under a guardianship order. More can undertake all activities that a participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More would undertake, except for:
A plan nomineeIn the context of the NDIS, a nominee is a person who can make decisions for a person that is considered to lack capacity in decision-making processes and is not under a guardianship order. More can undertake all activities that a participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More would undertake under the NDIS including:
More than one person can be appointed a plan nomineeIn the context of the NDIS, a nominee is a person who can make decisions for a person that is considered to lack capacity in decision-making processes and is not under a guardianship order. More.
When deciding who should be appointed as a nomineeIn the context of the NDIS, a nominee is a person who can make decisions for a person that is considered to lack capacity in decision-making processes and is not under a guardianship order. More for an NDIS participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More, the NDIA must take into account the following factors:
If a participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More has requested the appointment of a nomineeIn the context of the NDIS, a nominee is a person who can make decisions for a person that is considered to lack capacity in decision-making processes and is not under a guardianship order. More and the participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More then requests the NDIA cancel the appointment, the NDIA must cancel the nomineeIn the context of the NDIS, a nominee is a person who can make decisions for a person that is considered to lack capacity in decision-making processes and is not under a guardianship order. More appointment as soon as possible. If the participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More was appointed a nomineeIn the context of the NDIS, a nominee is a person who can make decisions for a person that is considered to lack capacity in decision-making processes and is not under a guardianship order. More on the initiative of the NDIS and requests to cancel the appointment, the NDIA must make a decision within fourteen (14) days of receiving the request.
Follow this link for more information about nominees and the NDIS.
You may want someone to represent you or support you to speak up for yourself and make sure your wishes and needs are being prioritised. This person can be a family member, a friend, a carer, a support worker, or someone who you have employed to help coordinate or engage with services on your behalf. These people can be referred to as your advocateAn advocate is a person who will support someone and help them stand up for their rights, needs and wants. An advocate can also sometimes speak or write on the behalf of another person. A person’s family or friends can be their advocates, or their advocate may be a professional. An advocate may or may not be a lawyer. More. They can participate in phone calls and meetings with you and can speak, write or act on your behalf.
The NDIA do not provide advocacy support services as part of a package or generalist participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More services. There are mainstreamIn the context of the mental health and the NDIS, mainstream services and programs are non-NDIS, government funded and/or delivered services that can be used by everyone. They include public health and mental health services, public transport, education, housing, justice, child protection and employment services. More government provided programs that do provide advocacy support. One of these programs is the National Disability Advocacy Program (NDAP). NDAP can tell you about any programs or peer support services in your local area that can assist with advocacy or help you to develop self-advocacy skills to identify and best express your needs and wants.
To find where you can find a service to support your advocacy needs, click here.
You can also find more information by clicking here.
Carers and family members can play a significant role in your NDIS journey, if you request it. Carers and family members can support your decision-making about ongoing needs, help with goal setting, assessment and the planning process. You may ask a support person such as a family member, friend, or support worker to help you make an access request. You will need to provide permission for your support person to make an access request on your behalf.
If you are under eighteen (18) years, you are legally classified as a child under the National DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Insurance Scheme Act 2013. This means that your parent or GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More will be required to make decisions on your behalf. However, it is understood that a child’s capacityCapacity refers to a person’s ability to make his/her own decisions and give informed consent. These may be small decisions, such as what to do each day, or bigger decisions like where to live or whether to have a medical procedure. A person may lack capacity in some areas, but still be able to make other decisions. More for making decisions will evolve over time, and the NDIA will take into account whether a young person can represent themselves and exercise choice and controlChoice and control refers to a person deciding what will enable them to live a fulfilling life. In the context of the NDIS, this may include deciding what supports and services they may need and want to assist them. More.
Carers should be treated with dignity and respect in regards to their relationship with the participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More, and considered partners in care. NDIS planners should consider what informal supports the person has available to them. The supportive relationships of people with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More should be recognised. Planners have to consider what is reasonable to expect carers to provide. One goal of the NDIS is to enable carers to work.
Carers can attend the planning meeting, make a carer statement about how their caring role impacts them and even talk to the planner separately.
Carers can’t get a package but are expected to benefit from the participant’s plan. For example, the plan may also include limited supports to support the carer. Carers will be able to access information, linkages and capacity building supports.
Updated November 25, 2020