Responsibilities of a decision maker
A decision maker must make timely decisions for the person they represent. They can only make decisions in the areas stated in the Advance Personal Plan.
The decision maker must:
- follow Advance Care Statements
- follow Advance Consent Decisions
- use decision-making principles to guide decisions
- use health care decision making principles for health matters
- follow any conditions outlined in plan
- work with other decision makers or guardians
- act honestly with care, skill and diligence
- follow the Advance Personal Planning Act 2013.
Access to information
Decision makers must protect and only share information within their role.
A decision maker can access relevant information about the person, within their authority. If information is not provided, they can apply to the Northern Territory Civil and Administrative Tribunal for an order. This order will state that the information must be provided to the decision maker.
Decision makers should tell key people of their authority. This ensures they are contacted when needed.
Family and close friends should know who the decision makers are and their roles. This lets them know who to speak to about important things.
People and organisations that may need to be informed include:
- housing or accommodation providers
- phone, power or internet providers
- banks
- health care providers
- service providers.
Each Advanced Personal Plan is unique to the person's choices when it was created.
Record keeping
A decision maker must write down what they do and why, when making decisions for someone else. The records should match the situation and help explain the choices made.
If the decision maker chooses not to follow what the person would have wanted, they must write down:
- that they made this choice, and
- why they believed it was the right thing to do.
Financial decision makers must keep clear and up-to-date records at all times.
These records must show:
- what the person owns and what they owe (their assets and debts)
- any actions taken with their money or property (like buying, selling, or paying bills)
- how each item is being looked after or managed
- any other details that help show the person's finances are being handled properly and according to the law.
If a decision maker is unsure about what records should be kept, they can contact the Public Guardian and Trustee for help.
Decision making
A decision maker's authority depends on the conditions included in the Advance Personal Plan. They may be allowed to make all decisions for the person or just some. Decision-making authority may be for:
- Personal matters - accommodation, accessing services
- Health care - medical and dental
- Financial and legal matters - managing income, paying bills and sell property.
The plan may also include specific instructions limiting their authority.
Decisions must be made in accordance with the person's views and wishes. Any Advance Care Statement or Advance Consent Decision must be upheld, even if it is not in the person's best interests.
The Advance Personal Planning Act 2013 sets decision-making principles that guide a decision maker's authority.
Decision makers must:
- protect the represented person's freedom of choice and action
- take into account all relevant considerations
- enable the represented person to be as independent as possible
- support the person to make their own decisions where feasible
- use their authority in line with
- the Advance Personal Planning Act 2013
- the Advance Personal Plan
- any other order of the Northern Territory Civil and Administrative Tribunal.
Contact the Public Guardian and Trustee for help and support around decision-making.
Health decisions
A health decision maker must follow the Advance Personal Plan when making health decisions. This includes any advance consent decision or statement about health care. The only exception to this is if the decision would:
- be impracticable
- be unlawful
- impose an unreasonable burden on another person
- be so unreasonable that it is justifiable to override the adult's wishes
- involve giving the person addictive substances without therapeutic benefit.
In some cases, there is no advance directive or statement relating to the health matter. In these cases, the decision maker must follow the health care decision making principles.
Read more about making health care decisions.
Financial decisions
Financial decision makers are the only people that can make decisions about the person's money. This can include:
- financial agreements
- accommodation payments
- paying bills
- buying things using the person's money.
Financial decision makers must follow the Advance Personal Plan and manage the person's money and property as if it was a trust.
It is recommended that financial decision makers create a budget for the person's money. This involves thinking about their income, bills, rent, food and spending money. Setting aside savings for holidays, clothing or furniture is also recommended.
Claims for reimbursement from the person's funds must be:
- authorised in writing in the Advance Personal Plan or another order by the Tribunal
- approved in advance by decision makers with authority for financial decisions.
This can be for daily living, medical, legal, transportation, and personal expenses.
A decision maker can only use the person's property to support dependants or give gifts if:
- it is something the person previously did or would reasonably be expected to do
- the value of the gift or provision of financial support is reasonable.
The Tribunal can make an order about a decision maker's authority to:
- support the person's dependants
- make gifts.
A financial decision maker must not give themselves gifts from the represented person's money or property. The only time gifts can be made to the decision maker is if the Advance Personal Plan specifically states or the Tribunal says they can.
Decisions that cannot be made
There are some decisions a decision maker cannot make.
These are called excluded matters and include:
- voting for the person in a government election or referendum
- making, changing or revoking their
- Will
- Power of Attorney
- Advance Personal Plan
- any other document having similar effect
- exercising their rights as an accused person in criminal investigations or proceedings
- exercising their rights under the Mental Health and Related Services Act 1998
- making a decision about health care that is 'restricted '
- the adoption of the person's child
- the person entering into a surrogacy arrangement
- the person marrying or divorcing.
The Advance Personal Planning Act 2013 provides more information on excluded matters.
Working with other decision makers or guardians
If more than one decision maker is appointed, the Advance Personal Plan may say how they have to make decisions. This could mean they:
- must make decisions together
- can make decisions separately.
The terms used to describe how decision makers must make decisions are:
- Jointly - All decision makers must agree on decisions.
- Severally - Decision makers can exercise their authority on their own.
- Jointly and severally - Decision makers may act together or on their own. However, they should be in agreement about decisions made.
It may also give decision makers different authorities. One person may manage money, while another may make decisions about the person's health.
It is important for decision makers to work together. They must ensure decisions align with the Advance Personal Plan and the person's current or previous views and wishes.
Resignation of a decision maker
If a decision maker no longer wants to continue their role, they must, in writing, advise:
- the person (if they have planning capacity)
- all other decision makers
- the Public Guardian and Trustee.
If no other decision maker holds the same authority as the decision maker, they must apply to Tribunal. For more information go to the Northern Territory Civil and Administrative Tribunal website.