Who is a Co-Decision Maker?
In situations where an Adult needs assistance with making certain life decisions, a Co-Decision Maker can be appointed to provide the necessary support. A Co-Decision Maker is a person appointed to work collaboratively with an adult, helping them make informed choices in specific areas where the Adult may need guidance. It is important to note that a Co-Decision Maker does not have independent decision-making powers. Rather, they are there to offer support, ensuring decisions are made with the Adult’s best interests in mind.
Appointment of a Co-Decision Maker
For a Co-Decision Maker to be appointed, both Parties must agree. The Co-Decision Maker must accept the role, and the Adult in need of assistance must consent to the appointment. The process involves filing an Application with the Court to obtain an Order appointing a Co-Decision Maker.
The Court must be satisfied that the Adult’s capacity to make decisions in the specified areas is significantly impaired and the proposed Co-Decision Maker is capable of providing the necessary assistance before granting the Co-Decision Maker Order.
The Co-Decision Maker Order can be reviewed. The Parties to the order, or an interested person, may apply to the court to review the Order, which could lead to the termination of the order or the discharge of the Co-Decision Maker and re-appointment of another one.
The Co-Decision Maker Order should clearly outline which personal matters require assistance. It is the Co-Decision Maker’s duty to always act in the best interests of the adult that they are supporting, fostering a collaborative decision-making process.
Role of the Co-Decision Maker
The role of a Co-Decision Maker is generally limited to personal matters, as defined by the Adult Guardianship and Trusteeship Act (AGTA).
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Adult’s health care
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Where, with whom and under what conditions the adult is to live, either permanently or temporarily.
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With whom the adult may associate.
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The adult’s participation in social activities
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The adult’s participation in any educational, vocational or other training
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The adult’s employment
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The carrying on of any legal proceeding that does not relate primarily to the financial matters of the adult.
Difference Between a Co-Decision Maker and an Adult Guardian
It’s important to understand the distinction between a Co-Decision Maker and an Adult Guardian. A Co-Decision Maker works collaboratively with the assisted Adult, supporting them in specific decisions, whereas an Adult Guardian has the authority to make decisions on behalf of the Adult who lacks the capacity to make those decisions themselves. Choosing between these roles depends on the individual’s unique needs and circumstances.
For those seeking guidance on appointing a Co-Decision Maker or understanding other forms of decision-making support, consulting with a legal professional is crucial.
Ace Legal offers tailored advice, helping families and individuals make informed decisions that ensure the best interests of the Adult involved.
