NSW Law Reform Commission Review Of The Guardianship Act 1987 Discussion Paper 1: Preconditions For Alternative Decision Making Arrangements

October 2016

In this submission, PWDA advocates a distinction between the labelling of an individual as incapable of making their own decisions and the failure by society to provide supports that would enable decision-making by that individual. In order to avoid limiting the rights of individuals, PWDA advocates that prior to formal orders being made by the Guardianship Tribunal, an assessment of the quality of support available to enable decision making by the individual is undertaken. Further to this,  it is argued that specific diagnoses should not automatically limit decision making capacity under the Guardianship Act and that decisions to appoint a Representative decision maker should also be open to appeal.

PWDA submission – Word document