Decision making for adults with impaired capacity
Australian legislation generally presumes that an adult has the capacity to make decisions about themselves, unless proven otherwise. This has been enacted in accordance with international human rights instruments1.
See advice on assessing the capacity of a person with developmental disability to make decisions. Reasonable adjustments and support that might help the person to participate in decision making should be a focus.
In some states (such as Victoria and Queensland), disability advocacy agencies can provide support to an adult to understand and make their own decisions, so that a substitute decision maker or guardian is not required.
Even when a person is considered to lack capacity for a particular decision, their views and wishes must still be obtained to inform any treatment, intervention or testing; see substitute decision making.