A welfare guardian has the power to make decisions on behalf of a person who is unable to do so themselves due to a disability, illness, or injury. However, they also have an obligation to support decision-making. Therefore, they should only make a decision themselves if the person is completely unable to engage in the decision-making process. There may also be situations where another party will not accept that the subject person has the capacity to make the decision. But even then, the welfare guardian should still engage in support decision-making but may have to be the person to sign any documents.
The welfare guardian's powers include:
- Making decisions about the person's healthcare, accommodation, and other personal care matters
- Deciding where the person lives and what their care arrangements will be
- Deciding what medical treatment or therapy the person might have
A welfare guardian's powers are limited by the following:
- They cannot make decisions about marriage, civil union, or adoption
- They cannot refuse standard medical treatment or procedure
- They cannot consent to electro-convulsive treatment (ECT) or specific types of surgery or treatment
- They cannot consent to medical experiments other than those to save life or prevent serious damage to health
- They cannot request the option of receiving assisted dying on behalf of the person
A welfare guardian is appointed by the Family Court and must always act in the best interests of the person they represent. They must also use support decision-making and encourage the subject person to use their decision-making capacity.