| Please note: The information on this page provides helpful guidance. It does not replace the law or legal advice. |
Do you have a disability? Would you like to explore options for receiving support with making important decisions? Do you think you might need support in the future?
The Supported Decision-Making and Representation Act can help. This recent law gives adults in New Brunswick living with a disability more ways to make decisions with support. It introduces new options beyond power of attorney, committee of the person, and trustees. These options help you stay in control of your choices while getting the support you need.
What is supported decision-making?
In New Brunswick, the law assumes that you, and all adults, can make and understand your decisions and how they could affect you. This means you have the right to choose things like where you live, what healthcare you get, and how to manage your money. Other people must respect your decisions, even if they do not agree with them.
The Supported Decision-Making and Representation Act recognizes that people living with disabilities have the same right as anyone else to make their own decisions.
The Act ensures that if you are an adult living with a disability you can:
- Stay in charge of your own life,
- Get the support you need to make decisions that are right for you,
- Have your choices respected by others and the law, and
- Trust that decisions made for you (if you are not able to make them yourself) are in your best interest.
Who can help you make decisions?
If you need support with decision-making, you can choose who helps you. Once you turn 19, parents or caregivers no longer have automatic authority to make decisions on your behalf. However, they can still support you, if that’s what you want.
The Supported Decision-Making and Representation Act makes it possible for trusted people in your life (like a parent, family member, or friend) to support your decision-making.
How does it work?
The Act supports three types of decision-makers to support people living with a disability.
Depending on what you need and what is agreed upon, decision-makers can help with decisions related to:
- Your personal care,
- Your finances, or
- Both your personal care and finances.
- Decision-making assistants
A Decision-Making Assistance Authorization allows you to choose one or more people to help you make decisions. These authorized people are known in the act as decision-making assistants. You, the person requesting the decision-making assistant, are known as an assisted person.
Decision-making assistants can help by:
- Gathering important information,
- Explaining options, and/or
- Helping you communicate your decision.
Decision-making assistants are there to support you but cannot make decisions for you. You will always have the final say.
Legal requirements: A lawyer must confirm that you are 19 years of age or older, and that you understand and are capable of authorizing decision-making assistance.
Example 1: Mary is having trouble deciding which health insurance plan to choose. She asks her sister Jane, her decision-making assistant, for help. Jane helps by gathering details about the plans, explaining the options, and helping Mary talk to the insurance company. Mary makes the final decision on which plan to choose.
Example 2: Temu is unsure about which car loan is best for him. His decision-making assistant, Fatima, reviews the loan options, explains interest rates, and helps Temu understand the terms after speaking with the loan specialist. Temu makes the final choice and asks Fatima to help him communicate his decision.
For complete information, visit the decision-making assistants section of the act.
- Decision-making supporters
A decision-making order allows someone you trust to support you if you need extra help understanding or making decisions. In the act, this trusted person is known as a decision-making supporter. You, the person receiving the support are known as a supported person.
Like decision-making assistants, supporters can help by:
- Gathering important information,
- Explaining options, and/or
- Helping you communicate your decision.
With both decision-making assistants and supporters, you make your own decisions. However, a supporter can say no to your decision if they think it could cause you serious harm.
Legal requirements: To become your decision-making supporter, a trusted person (19 years of age or older) must apply to the court. They will need to provide documents like **affidavits and a *capacity assessment for you. The court will check if you need the supporter and if they are trustworthy and able to help.
Example 1: Véronique is having trouble understanding her medical options after a recent diagnosis. Her brother Gérard, her decision-making supporter, helps by gathering information from doctors, explaining the treatment options to Véronique, and helping her communicate her thoughts to the medical team. Véronique makes the final choice about her treatment. If Gérard felt that any treatment could cause serious harm to Véronique, he could refuse to support that choice.
Example 2: Carlos is considering moving into an assisted living facility but chooses one that is too expensive for him to afford. His friend, Amina, his decision-making supporter, helps him understand the costs and explains that the facility he wants would cause serious financial stress. Amina tells Carlos that she cannot support his decision to move there, as it could harm his financial wellbeing. Together, they explore more affordable options, and Carlos ultimately agrees to choose one that fits his budget.
For complete information, visit the decision-making supporters section of the act.
- Representatives
A representation order is when someone you trust is approved to make decisions for you if you are unable to make decisions on your own. In the act, this person is known as a representative. You, the person receiving the support, are known as the represented person.
A representative can only be chosen to support you if there are no other options to meet your needs. Representatives are responsible for making decisions that are in your best interest and based on what you would want you were able to make the decision yourself.
Legal requirements: Similar to a decision-making supporter, to become your representative, a trusted person (19 years of age or older) must apply to the court through a process called a representation order. They will also need to provide documents like **affidavits and a *capacity assessment for you. The court will check if you need the representative and if they are trustworthy and able to help.
Example 1: Amélie is having trouble managing her finances and needs help. Her daughter Isabelle applies to the court to become her representative for financial matters. After the court approves Isabelle’s application, she can make decisions on Amélie's behalf, including managing her bank accounts and paying bills. If Isabelle is unsure about what Amélie would want in a specific situation, she must make the decision she believes is best for Amélie’s well-being.
Example 2: David's father, who has Alzheimer's, can no longer make decisions about his medical care. His son, Mark, applies to the court to become David’s representative for health care decisions. The court grants the order, and Mark can make decisions about his father’s care. However, Mark must always make decisions based on what he believes his father would have wanted. If Mark isn’t sure, he must make the choice that is in his father's best interest.
For complete information, visit the representatives section of the act.
What is an affidavit?
An **affidavit is a written statement where someone swears that the facts, they are sharing are true. The statement is signed in front of a legal official, like a lawyer or notary.
Affidavits can be used to support applications to become a decision-making supporter or representative. For example, your decision-making supporter might need to provide an affidavit to show that they are trustworthy and able of help you.
What is a capacity assessment?
A *capacity assessment is a professional evaluation used to determine if you can understand information and make decisions about your life. It is completed by qualified professionals, such as doctors, nurse practitioners, or psychologists.
During the assessment, you can:
- Bring someone you trust to support you,
- Use a device or interpreter to help you communicate, and
- Ask any questions or share concerns about the process.
After the assessment, you can request a copy of the report and ask the assessor questions about the results.
You can refuse a capacity assessment at any time. If you do, the assessor may choose to continue with the assessment using other available information, if they believe it will be accurate.
If you are not able to make your own decisions
If you are not able to make decisions or manage your affairs, now or in the future, there are options available to support you. Along with representatives (see ‘Representatives’ section above) the following supports can be put in place to ensure your needs are met and that your choices are respected:
Public Trustee services
The Office of the Public Trustee is an organization made up of a team of professionals who step in to make decisions for you if no one else is able or available.
The Public Trustee can be appointed to make personal, health care, legal and/or financial decisions for you if a court declares you are no longer capable of managing your affairs, and there is no one willing or able to do that for you.
To learn more, visit the Public Trustee of New Brunswick page.
Enduring powers of attorney
An enduring power of attorney is a legal document that lets you appoint someone you trust to make decisions on your behalf. Enduring powers of attorney, unlike general powers of attorney, remain in effect if you lose the ability to make decisions yourself.
Planning ahead with an enduring power of attorney can help protect yourself, your finances, and/or your property if you ever lose the ability to manage them yourself.
To learn more, visit the Enduring Powers of Attorney page.
Options no longer available under the new act
The following options are no longer available under the new Supported Decision-Making and Representation Act. However, if someone was already appointed under the old rules before the new law came into effect, they can continue in that role.
- Committee of the person or estate: Committees of the person or committees of the estate are legal arrangement where someone was appointed by the court to make decisions for you if you could no longer do so yourself. This might have included decisions about healthcare, living arrangements, personal care, and/or financial matters. The court ensures the appointed person acts in your best interests and takes your wishes into account whenever possible.
- General powers of attorney: General powers of attorney are legal documents that allow someone to act on your behalf for financial or property-related matters. It was replaced by the Enduring Powers of Attorney (see above for more information) on July 1, 2020.
Helpful resources
