The loss of capacity to make decisions in our lives can occur for a range of reasons. Disabilities such as dementia, brain injury or psychiatric illness may limit our ability to understand and appreciate what is involved in making a decision.

In NSW there are ways to plan ahead for a loss of capacity. The most common include the appointment of an enduring power of attorney and/or an enduring guardian and the making of an advance care directive (living will).

The Public Guardian publishes a guide to the appointment of an enduring guardian "Enduring Guardianship: Your Way to Plan Ahead" and provides free information sessions on request. (Community Education Request Form).

Enduring Guardianship in NSW
The Guardianship Act 1987 was amended in 1997 to make it possible for you to appoint an enduring guardian, that is, a substitute decision-maker of your choice to make lifestyle and health care decisions should you lose the capacity to make your own decisions at some time in the future.

More information.

“Are the rights of people whose capacity is in question being adequately promoted and protected?”
As part of Law Week 2006, the Attorney General’s Department launched a Discussion Paper exploring issues regarding capacity and capacity assessment entitled “Are the rights of people whose capacity is in question being adequately promoted and protected?”

The Discussion paper is a result of the 2004 Community Roundtable Consultation where issues were discussed with a range of professionals (medical practitioners, solicitors, and human and financial services professionals) and community members about whether the rights of people whose capacity is in question are adequately promoted and protected.

Please go to www.lawlink.nsw.gov.au/diversityservices website for details.