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Making Decisions About the Future

The right to make decisions and manage our affairs is a fundamental human right, yet sometimes people lose the capacity to exercise this right due to dementia, mental illness, accident or trauma.

The Guardianship and Administration Act 1990 however, provides the legal framework for three tools that can enable adults to exercise an element of control over how decisions will be made on their behalf should they ever lose the capacity to make decisions for themselves.

These are an:

  • Enduring Power of Attorney, which enables an adult with full legal capacity to appoint another person to make decisions on their behalf about property and financial matters.
  • Enduring Power of Guardianship, which enables an adult with full legal capacity to appoint another person to make decisions on their behalf about personal, lifestyle and treatment matters.
  • Advance Health Directive, which enables an adult with full legal capacity to make decisions about what treatments they might want - or not want - to receive if they ever became sick or injured and were unable to communicate their wishes personally. An Advance Health Directive would speak for them.

FAQs for parents of children with a decision-making disability

Many parents of children with a decision-making disability want to make plans for the future care and support their child will need once they become an adult (turn 18 years of age). If you would like to understand more about the Guardianship and Administration Act 1990 and how this may be of help in planning for the future of your (adult) child, read our Frequently Asked Questions.

 

Last updated: 18-Aug-2015

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