Assisted Decision-Making (Capacity) Act 2015

10.

Decision-making assistance agreement

10. (1) Subject to section 11, a person who has attained the age of 18 years and who considers that his or her capacity is in question or may shortly be in question may appoint another person who has also attained that age to assist the first-mentioned person in making one or more than one decision on the first-mentioned person’s personal welfare or property and affairs, or both, in compliance with regulations made under subsection (4).

(2) An appointment as a decision-making assistant shall be made in a decision-making assistance agreement which is in compliance with regulations made under subsection (4).

(3) A decision-making assistance agreement may be revoked by the appointer or by the decision-making assistant at any time and, subject to agreement between the appointer and the decision-making assistant, may be varied at any time.

(4) The Minister shall make regulations as respects decision-making assistance agreements, including—

(a) prescribing the form of a decision-making assistance agreement,

(b) prescribing procedures and requirements relating to the execution, variation and revocation of a decision-making assistance agreement,

(c) prescribing information to be included in or annexed to a decision-making assistance agreement for the purpose of ensuring that any document purporting to create a decision-making assistance agreement incorporates adequate information as to the effect of making or accepting the appointment,

(d) providing for the inclusion in a decision-making assistance agreement of the following statements:

(i) by the appointer, that he or she has read and understands the information as to the effect of making the appointment or that such information has been explained to the appointer, by a person other than the proposed decision-making assistant; and

(ii) by the decision-making assistant, that he or she understands and undertakes to act in accordance with the functions of a decision-making assistant, including the duty to act in accordance with the guiding principles,

(e) specifying the personal welfare or property and affairs, or both, which may be specified in a decision-making assistance agreement,

(f) providing for the attestation of the signatures of the appointer and decision-making assistant by a person other than the appointer or the proposed decision-making assistant, and

(g) the giving by the appointer of notice of the execution, variation or revocation of a decision-making assistance agreement—

(i) to the Director, and

(ii) to other specified persons, and whether or not by reference to persons who, under this Act, are required to be notified of an application made under this Act.

(5) An appointer may, in the decision-making assistance agreement, appoint more than one person as a decision-making assistant and may specify that the decision-making assistants shall act—

(a) jointly,

(b) jointly and severally, or

(c) jointly in respect of some matters and jointly and severally in respect of other matters.