A substitute decision-maker is a person who makes a disability care, medical treatment, financial, property or lifestyle decision for a person who does not have decision-making capacity, such as a severely intellectually disabled adult child, or an elderly parent who has dementia.
The substitute decision-maker ’stands in the shoes’ of the person to make the decision.
In general, the substitute decision-maker’s decision will have the same legal effect as if the person had capacity and had made the decision themselves.
When making decisions for a person, the substitute decision-maker must generally think about what decision the person would have made and what would be in the person’s best interests.
Principal Lawyer
If you think that your adult family member with intellectual disability requires a substitute decision-maker (such as you, or another family member), it is important to consider the different types of arrangements available to you under:
Yes, the laws in this area are complex and overlapping!
However, to give you an idea of the types of arrangements that may be suited to your family’s needs, below are some examples of a substitute decision-maker (from Victorian and Commonwealth laws).
A person appointed by the Victorian Civil and Administrative Tribunal (VCAT) with power to make decisions about personal matters for someone who is unable to make those decisions for themselves. These matters may include their living arrangements, work arrangements, medical treatment and access to people and services.
A person appointed by the VCAT who has power to make decisions about financial matters on behalf of the person with intellectual disability.
A person authorised under the Medical Treatment Planning and Decisions Act 2016 (Vic) to make medical treatment decisions on behalf of a patient who does not have decision-making capacity to make that decision
A person who has been accepted by Medicare to act on behalf of a person with intellectual disability in their dealings with Medicare.
If your family member with intellectual disability already has a substitute decision-maker, such as a guardian, and you think that person is abusing their position, or otherwise not acting in the best interests of your family member, you may be able to take legal action to rectify the situation to protect your family member.
The Australian laws on substitute decision-making are complex and overlapping. Special Voices can help you with establishing a new, or challenging an existing, substitute decision-making arrangement.
If you wish to establish a new substitute decision making arrangement, Special Voices can:
If you are concerned with, or wish to challenge, an existing substitute decision-making arrangement, Special Voices can:
How do I get Special Voices to help me and my family?
The first step is to book a consultation with me. We will talk about your problem and get to know each other.
I will send you a written proposal detailing how I can help you to solve your problem. This will include a quote for the proposed work (no hidden or surprise costs down the track).
We work together to solve your problem and achieve your desired outcome as quickly as possible.
Book a consultation to discuss your substitute decision-making concerns and how Special Voices can help.
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Special Voices is a bespoke, private legal practice specialising in helping the parents and siblings of children and adults with autism or intellectual disability solve their problems with the National Disability Insurance Scheme (NDIS) and substitute decision-making systems.
Level 30, 35 Collins Street (Collins Place), Melbourne, VIC, 3000, Australia