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Supported decision making, what is it and what’s new?

By 21/11/2025No Comments

We all have the right to make decisions about our lives, including the support and services we receive. Some of us may want or need support to make these decisions.

You can make decisions even if others disagree with them. You can also make decisions that involve taking risks, provided you understand and accept those risks. If you’ve expressed your decision or preference verbally or non-verbally, no one can override it unless it poses an immediate and severe risk of harm to yourself or someone else. This is known as ‘dignity of risk’.

The Aged Care Act presumes that you can make decisions. This means everyone in the aged care system must start from the assumption that you can make decisions. Your right to make decisions must be respected, even if you have a diagnosis like dementia or feel it’s harder to make decisions than before.

What changed with supporter roles?

Registered supporter types are something new that started with the Aged Care Act on 1 November 2025 when the regular representative, authorised representative, and nominee roles in aged care ceased to exist. The regular and authorised representatives were able to transition to registered supporter roles.

Registered supporters

You should never be pressured or coerced into registering a supporter. No one can tell you that you need to have a registered support in order to access aged care services.

If you feel pressured to register a supporter, you can call us on 1800 424 079  for free, independent and confidential advice.

There are three different types of registered supporters in My Aged Care with different levels of access to information and decision making authority:

Supporter lite

  • Can support you in making decisions.
  • Can communicate your decisions, if you ask them to.
  • Can only be registered as a supporter with your consent.
  • Does not automatically get information about your aged care – you choose when information is shared

Supporter

  • Can support you in making decisions.
  • Can communicate your decisions, if you ask them to.
  • Can only be registered as a supporter with your consent.
  • Automatically gets the same information about your aged care that you get.

Supporter guardian
A person who is both a registered supporter and a legal substitute decision-maker, such as an enduring guardian or attorney under NSW legislation.

  • Can support you in making decisions.
  • Can communicate your decisions, if you ask them to.
  • Automatically gets the same information about your aged care that you get, plus any other information they can access under their state or territory appointment document.
  • Can be registered as a supporter without your consent, but only while their substitute decision-making powers under state or territory legislation are active.
  • Can only make decisions for you that are outlined in the state or territory appointment document.
  • Can not make any other decisions for you.

You can cancel your supporter’s registration at any time.

Under the Aged Care Act all supporters must:

  • act in a way that promotes your decisions in line with your will, preferences, and personal, cultural, and social wellbeing
  • act honestly, diligently and in good faith
  • support you only to the extent necessary for you to do the thing yourself
  • apply their best endeavours to maintain your ability to make their own decisions.

All supporters must never use their role as registered supporters to:

  • act in a way that does not align with your will and preferences
  • make decisions for you
  • attempt to influence you
  • dishonestly use their role to gain benefits for themselves or others or to harm you.

Choosing supporters

You might want another person, or people, to support you in understanding information, considering your options and communicating your decisions. These people are called ‘supporters’.

Supporters cannot make decisions for you. 

If you choose to have another person support you to make a decision, you don’t have to have their support in making other decisions.

Your aged care provider and anyone else in the aged care system asking you to make a decision should check in with you regularly about the supports you may need to make decisions. This means they should ask you if you want anyone to support you to make decisions and who your preferred person is, before involving them.

You can register your supporters with My Aged Care. These are called ‘registered supporters’.

Alternatively, you might have all the information you need to make a decision or feel like you’re already supported enough by your network of family, friends and carers without needing to register them as supporters with My Aged Care.

Substitute decision makers

The Aged Care Act presumes that you have the ability to make decisions. This means everyone in the aged care system starts from the assumption that you can make decisions. Your right to make decisions must be respected, even if you have a diagnosis like dementia or find it harder to make decisions than before.

You should never be pressured or coerced into appointing a substitute decision maker before a legal process determines you need one. No one can tell you that you need a substitute decision maker or plans for one in the future to access aged care services.

If you feel pressured to activate or plan for a substitute decision maker before a legal process determines you need one, you can call us on 1800 424 079 for free, independent and confidential advice.

In some cases, a legal process may determine that you’re unable to make certain types of decisions. This is often referred to as “losing decision making capacity.” In these situations, a substitute decision maker may be activated, often known as an enduring guardian or attorney.

Substitute decision makers can only make the types of decisions for you that are outlined in, and for the period specified in, the legal document.

Learn more about these kind of legal documents

And remember if you don’t have a supporter available our team provide specialist telephone advice and support to people receiving aged care services in their own home and residents of aged care homes in NSW, Call us on 1800 424 079 for free, independent and confidential advice.

Dignity of risk is another way of saying you have the right to live the life you choose, even if your choices involve some risk.

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