Decision making capacity to make a supportive attorney appointment
To make a supportive attorney appointment a person must be 18 years or older and have decision making capacity to make the appointment. No one else can make a supportive attorney appointment on behalf of another person.
The people who act as witnesses to the making of the appointment need to certify or state that the person making the appointment appeared to have decision making capacity to make the supportive attorney appointment
Supportive attorney appointments are made under the Powers of Attorney Act 2014.
A person is presumed to have decision making capacity unless there is evidence to the contrary.
A person has decision making capacity to make a supportive attorney appointment if they are able to:
- understand the information relevant to the decision to make the supportive attorney appointment and the effect of the decision
- retain that information to the extent necessary to make the decision
- use or weigh that information as part of the process of making the decision and
- communicate the decision and the person's views and needs as to the decision in some way, including by speech, gestures or other means.
Understanding the effect of the decision to make a supportive attorney appointment includes understanding:
- that the appointment enables the principal to make and give effect to their decisions with support
- that the appointment allows the principal to choose a person to support them to make and give effect to their own decisions
- that supported decisions are decisions of the principal and not the supportive attorney
- when the appointment commences and
- that the principal may revoke (cancel) the appointment at any time when the principal has decision making capacity in relation to making the supportive attorney appointment.