Informal decision-maker
What is an informal decision-maker?
An informal decision-maker is someone who helps you make decisions when you can’t make them yourself. This is not a formal or legal arrangement. It’s based on trust and understanding.
An informal decision-maker is often a family member, friend, or someone you trust who helps you with decisions about:
- everyday matters – like what to eat, what to wear, or how to spend your day
- healthcare – deciding on medical treatments or accessing care services
- living arrangements – where you live and who supports you
- finances – managing money for small, day-to-day expenses.
Many informal decision-makers provide unpaid care for their family member or friend.
They usually have an intimate understanding of the person they’re caring for, including their views, wishes and preferences.
How does informal decision-making work?
Informal decision-making happens when someone close to you helps you with decisions. They might:
- talk with you to understand your preferences and wishes
- explain options so you can make an informed choice
- help you communicate your decision to others
- act on your behalf if you’re unable to make or share a decision.
This type of decision-making is flexible and doesn’t require formal legal documents.
Who can be an informal decision-maker?
An informal decision-maker is usually someone you know and trust, such as:
- a family member
- a close friend
- a carer
- a support worker.
It’s important that the person understands your needs and respects your wishes.
What makes a good informal decision-maker?
A good informal decision-maker:
- knows you well and understands your preferences, values, and what’s important to you
- listens to you and respect your choices
- is trustworthy and acts in your best interests
- supports your independence by helping you make decisions, rather than making them for you
- respects your right to take risks and understands that making mistakes is part of learning and growing.
What if informal decision-making isn’t enough?
Sometimes, informal decision-making may not be enough, especially for complex or legal matters. In these cases, you might need:
- an attorney – someone you’ve chosen in advance using a legal document like an Enduring Power of Attorney (EOPA)
- a guardian – a person officially appointed to make personal or health decisions for you
- an administrator – a person officially appointed to make financial decisions for you.
Why is informal decision-making important?
Informal decision-making allows you to stay in control of your life with the help of someone you trust.
It’s a way to make decisions without needing formal legal arrangements, and it ensures your preferences and needs are respected.
How an informal decision-maker must make decisions
Queensland law set out rules (principles) that informal decision-makers must follow. These rules protect your rights, health, wellbeing, and money.
They must:
- help you to make your own decisions whenever possible
- listen to your views, wishes, and preferences
- use ‘substituted judgement’ if they can’t find out what you want, they must think about your past choices and try to make the decision you would've made yourself.
What if your informal decision-maker is not recognised?
The law recognises informal decision-makers, but some businesses or organisations may not accept their decisions. This can be because of privacy, legal requirements, or their own policies.
What happens if a decision isn’t accepted?
If a business or organisation doesn't accept a decision made by your informal decision-maker, you or your decision-maker can ask QCAT to approve the decision. QCAT is the Queensland Civil and Administrative Tribunal.
Approving a decision is called a ratification of a decision by an informal decision-maker.
- If QCAT ratifies the decision:
- the decision is treated as if you made it yourself
- your informal decision-maker is not legally responsible for it.
- If QCAT doesn't ratify the decision:
- someone (such as a family member, friend, or service provider) can apply to QCAT to appoint a guardian or administrator
- that person would then make the decision for you.
Can QCAT approve healthcare decisions?
No. QCAT cannot ratify decisions about medical or dental treatment.
If a healthcare decision is needed, a guardian may be appointed, or a statutory health attorney can act automatically.