<\/span><\/h3>\nA co-decision-maker may be appointed.\u00a0 This is a suitable person appointed jointly to make decisions with the appointer on the appointer\u2019s personal welfare, property or affairs or both, in accordance with regulations and specifications. A co-decision-making agreement is to be entered.<\/p>\n
Any person over 18 years, who considers that his or her capacity is in question or may shortly be in question, may appoint a suitable person over 18 to jointly make with him, one or more decisions on the person\u2019s wealth, personal welfare, property or affairs or both, in compliance with regulations.<\/p>\n
A person in relation to whom a decision-making representation order is\u00a0 made by court may<\/span>\u00a0appoint a co-decision-maker and the regulations and specifications shall apply to that appointment with any necessary modifications<\/span><\/p>\nA person is suitable for appointment as a co-decision-maker if he or she is a relative or friend of the appointer who has had such personal contact with the appointer over such period that a relationship of trust exists between them, and the person concerned is able to perform his or her functions under the co-decision-making agreement.<\/p>\n
<\/span>Appointment<\/span><\/h3>\nAn appointment as a co-decision-maker shall be made in writing in a co-decision-making agreement in compliance with regulations made under the Act.<\/p>\n
An appointment is not to include a co-decision-making agreement for the disposal of property by gift. The contents of a co-decision-making agreement is to be specified. It is to include particulars of the person’s, signatures, signatures of two witnesses.<\/p>\n
It is to be signed by the parties or on behalf of a person who does not have capacity to sign, in his presence or and at his direction.\u00a0The agreements is to be entered, the agreement is to be witnessed by at least two competent witnesses.<\/p>\n
A person may appoint more than one person as co-decision-maker. He may not appoint in the same co-decision-making agreement more than one person as a co-decision-maker but appoint in a co-decision-making agreement, a co-decision-maker in respect of a decision which is the subject of another co-decision-making agreement.<\/p>\n
The Director, on request by a person who intends to appoint a co-decision-maker or a proposed appointee or both, provide information regard to making and entering the co-decision-making agreement.<\/p>\n
The persons disqualified as decision-making assistants are also disqualified as co-decision-maker.<\/p>\n
<\/span>Role of Co-Decision Maker<\/span><\/h3>\nIn exercising his functions, which are specified in the co-decision-making agreement, the co-decision-maker is to:<\/p>\n
\n- advise the appointer by explaining relevant information and considerations relevant to the decision in question,<\/li>\n
- ascertain the will and preference of the person making the appointment on the matter concerned and assist the appointer with communicating his will and preference,<\/li>\n
- assist the appointer in obtaining relevant information,<\/li>\n
- discuss the known alternatives and likely outcomes of the decision,<\/li>\n
- make a relevant decision jointly with the appointer,<\/li>\n
- make reasonable efforts to ensure that the decision is implemented insofar as possible.<\/li>\n<\/ul>\n
A co-decision-maker is entitled to be reimbursed from the assets of the appointer his fair and reasonable costs which are reasonably incurred in performing his functions as co-decision-maker, vouched in a manner acceptable to the Director, and included in a report submitted by the co-decision-maker.\u00a0A co-decision-maker is not however entitled to remuneration for performing his functions.<\/p>\n
Where an application has been made to register a co-decision- making agreement but before registration or after registration of a co-decision-making agreement, the co-decision-maker or certain others have reason to believe that the appointer\u2019s capacity has deteriorated to the extent that he lacks capacity in relation to the decisions concerned even with the assistance of co-decision-maker, or that his capacity has improved to the extent that he has capacity in relation to such matters, he shall promptly inform the Director of that belief.<\/p>\n
A decision being made jointly means that the co-decision-maker shall acquiesce with the wishes of the appointer in relation to the decision concerned unless it is reasonably foreseeable that such acquiescence will result in serious harm to the appointer or another person.<\/p>\n
A co-decision-maker shall not have authority to make decisions jointly other than decisions specified in the co-decision-making agreement.<\/p>\n
Where the appointer has more than one co-decision-maker, each shall exercise their functions in a manner which is not inconsistent with the functions exercisable by the other.<\/p>\n
<\/span>Invalidation<\/span><\/h3>\nThe circumstances in which a co-decision-making agreement is invalidated are similar to those applicable in respect of decision making assistance. In broad terms, they cover the following:<\/p>\n