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Everyone should get the support they need to make decisions
Everyone can make their own choices when they get the right help. Everyone should have access to this support.
A change in thinking
The UN Disability Convention says that
- Everyone has the right to make decisions about their own life.
- Everyone has the right to get the support they need to do this.
We used to ask
- Can this person understand and make this decision on their own? (Do they have mental capacity?)
The UN Disability Convention says it is more important to ask
- What support does this person need to understand, communicate, and participate in this decision?
Decision-making capability
In a supported decision-making approach, we think about decision-making capability. Capability means being able to get things done.
- We start by focusing on what the person can do rather than what they can’t do.
- Each person has their own unique decision-making abilities.
- Different decision-making abilities can be turned into decision-making capability with support and adjustments.
This approach is very practical and positive. The focus is on what support the person needs to make the decision.
One decision at a time
The amount of support needed can vary from decision to decision. A person may be comfortable making decisions in one area of life but want support for other types of decisions. A person may want more support for a decision they find difficult or when they feel overwhelmed.
Ben's Story
Ben experiences times when his mood is elevated - he calls these "having a high". This week, Ben noticed that his mood had started to change.
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- His thoughts are racing
- He can't sleep
- He has lots of energy and feels restless
- He is exercising a lot more
- He is spending more money than usual.
Ben knows these are early signs that he is experiencing a high. He understands that his mood can affect his choices.
Ben talks to his brother, who he trusts. He asks for help to make a budget.
What if the supporter has a formal legal role?
A special support role can be set up in a legal document when a person is assessed as lacking capacity. The supporter can legally communicate or make decisions for the person.
- Sometimes this role is set up ahead of time as an Enduring Power of Attorney (EPOA).
- Sometimes this role is set up by the courts. They may be called a Welfare Guardian or Property Manager / Property Administrator. These roles are also called Adult Legal Guardians.
Supported decision-making is still important when the supporter has a formal legal role. The law expects that supporters in these roles will
- Help the person to make decisions
- Help the person to develop their decision-making skills
- Consult about decisions as far as possible
Remember that
- Everyone has a right to the support they need to make decisions
- Support can improve decision-making capability.
This is true for everyone. This is true whether or not the supporter has a legal role.
Find out more
Decision-making capability
- “A New Paradigm”: external This is the paper by Michael Bach and Lana Kerzner that first put forward the idea of decision-making capability
- “Looking differently at decision-making capacity”: externalA video with Michael Bach.
- “Rethinking Capacity”: external In this video, Michelle Browning explains capacity and decision-making capability
- “Removing barriers”: external This booklet explains the rights of disabled people to changes that support equal participation.
Formal legal support roles
- More links: You can find links to more information about legal support roles in the resource section of this website.
- Review: externalThe Law Commission has a summary of their review of adult decision-making capacity law
- About the UN Disability Convention: This page on our website talks more about the UN Disability Convention.