Assisted decision-making is where an adult may need another adult to assist them to make a decision or to make decisions on their behalf.
They may require this help where a third party such as a bank, solicitor, or hospital questions their capacity 🛈 (ability) to make decisions or give consent.
Relevant Person
Alternatively, they may use assisted decision-making to plan ahead for a time when they may lose their ability to make decisions. The person whose capacity is in question, or may shortly be in question, is known as the Relevant Person 🛈.
The Act assumes that every adult has the capacity to make decisions, unless the court decides otherwise. It establishes the Decision Support Service (DSS), which is a public body that can provide support for adults who have difficulties or need assistance with their decision-making.
Wardship
The Act, which commenced on the 26 April 2023, introduces a number of support arrangements for people who may need help making decisions. It also abolishes the wardship system.
It requires all adult wards of court 🛈 to be discharged from wardship within three years of commencement of the Act. For this to happen, a discharge application has to be made to the High Court by, or on behalf of, the ward. The court will decide what decision support arrangement, if any, the ward needs.