Office of the Public Guardian Decision Making

How do guardians make decisions for a person?

The guardian is not responsible for making all decisions for a person, only those outlined in the Order made by the Tribunal. For example, the Order may give authority to make decisions about the support services a person receives and where they live, but the person may maintain decision-making ability in all other areas of their life.

Despite a determination by the Tribunal of a decision-making impairment, guardians must provide the person with support to make their own decision wherever possible. Decision-making support looks different for every person but might include communication assistance or help to understand information and weigh the consequences of different options involved with the decision. Where possible, the guardian will advocate that a person’s support network to assist them with decision-making or support them directly if necessary.

When your guardian makes a substitute decision, they have to consider certain things. These things are set out in the law and in the standards for Public Guardians. Your guardian must:

• make decisions based on what you want, where possible;
• talk with you and your supports;
• help you to able to make decisions, where possible;
• make decisions for you that are least restrictive to your rights;
• only make a decision that goes against your wishes if what you want puts you or someone else at serious risk of harm or would break the law;
• advocate for you;
• protect you from abuse, neglect and exploitation.

Sometimes supported decision-making is not possible. In these situations the guardian will need to make a decision for the person. This is known as a substitute decision. In these instances, the guardian will follow your wishes.