Legal bodies related to decision making for people with developmental disability

Information about legal requirements for decision making in adults is available from state and territory guardianship authorities. The law varies in different jurisdictions, particularly for making decisions about end of life.

In most states and territories, the Office of the Public Guardian or the Office of the Public Advocate perform guardianship functions that are nonfinancial in nature. Exceptions are Queensland and the Australian Capital Territory, where the Public Guardian performs guardianship functions, and the Public Advocate acts in relation to issues in health or support systems (such as the National Disability Insurance Scheme [NDIS] and mental health systems).

Public Trustees are ‘administrators’ that can be appointed by a state or territory tribunal to make financial decisions for a person.

In some states, the Public Guardian also has the power to investigate allegations of abuse against a person with impaired decision-making capacity. See also Abuse, trauma and supporting people with developmental disability.