Assisted Decision-Making (Capacity) Act 2015


Performance of functions of co-decision-maker

19. (1) In exercising his or her functions as specified in the co-decision-making agreement, a co-decision-maker shall—

(a) advise the appointer by explaining relevant information and considerations relating to a relevant decision,

(b) ascertain the will and preferences of the appointer on a matter the subject of, or to be the subject of, a relevant decision and assist the appointer with communicating the appointer’s will and preferences,

(c) assist the appointer to obtain the appointer’s relevant information,

(d) discuss with the appointer the known alternatives and likely outcomes of a relevant decision,

(e) make a relevant decision jointly with the appointer, and

(f) make reasonable efforts to ensure that a relevant decision is implemented as far as practicable.

(2) A co-decision-maker shall be entitled to be reimbursed out of the assets of the appointer in respect of his or her fair and reasonable costs and expenses which are—

(a) reasonably incurred in performing his or her functions as co-decision-maker,

(b) vouched for in a manner acceptable to the Director, and

(c) included in a report submitted by the co-decision-maker under section 27.

(3) A co-decision-maker shall not be entitled to remuneration for performing his or her functions as co-decision-maker.

(4) Where—

(a) after an application has been made under section 21 to register a co-decision- making agreement but before registration of the agreement, or

(b) after registration of a co-decision-making agreement,

the co-decision-maker or any person specified in section 21(3) has reason to believe that the appointer’s capacity has—

(i) deteriorated to the extent that he or she lacks capacity in relation to the relevant decisions which are the subject of the co-decision-making agreement even with the assistance of a co-decision-maker, or

(ii) improved to the extent that he or she has capacity in relation to the relevant decisions which are the subject of the co-decision-making agreement,

he or she shall promptly inform the Director of that belief.

(5) In this Part, a reference to a relevant decision being made jointly means that a co-decision-maker—

(a) shall acquiesce with the wishes of the appointer in respect of the relevant decision, and

(b) shall not refuse to sign a document referred to in section 23(3),

unless it is reasonably foreseeable that such acquiescence or signature, as the case may be, will result in serious harm to the appointer or to another person.

(6) A co-decision-maker shall not have authority to make decisions jointly with a relevant person other than the relevant decisions specified in the co-decision-making agreement.

(7) Where an appointer has more than one co-decision-maker, each of the co-decision-makers shall exercise his or her functions in a manner which is not inconsistent with the functions exercisable by another co-decision-maker.