Supported decision-making Law Institute Journal 11, 2023

What is supported decision-making?

A person is considered to have decision-making capacity if they can make decisions with appropriate support, as opposed to being without decision-making capacity and requiring a substitute decision maker (including a guardian or attorney). 2While there is no uniform legislative definition of SDM in Australia, it is generally understood as a person due to age, an accident, disability or an illness requiring assistance to make decisions on either a temporary or permanent basis. In this case, the person with impaired decision-making capacity may require a support person to access information and identify their options, form, and express their will and preferences, provide assistance with technology, simplify information, or communicate their decision. The term “support person” can be used interchangeably with a supportive administrator, supportive guardian and supportive attorney. It is important to be aware that a person’s capacity to make decisions can improve, fluctuate or deteriorate over time, and an unpopular “bad” decision does not necessarily mean a person lacks decision-making capacity.

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