Colleen Pearce: People should, wherever possible, be provided with the support to make and implement their own decisions.
Guardianship is a limitation on a person's human rights to make their own decisions.
Substitute decision making should only be used as a last resort, where no less restrictive alternative exists.
Listening to the voice of people with lived experience of disability is vital to achieving this.
William: All adults have the right to make decisions about how they live their life and to be supported to do so.
Michelle: As people with disability,
Victoria: we want to live our lives feeling comfortable and feeling safe.
Colin: Whether our disability is invisible or visible.
Anat: Regardless of our gender, race, sexuality, culture, or faith.
Jane: We wanna be part of the community.
Lisa: And we should have the freedom to make decisions and control our lives.
Colin: We have the right to live our lives free from abuse,
Jane: neglect,
Michelle: and exploitation.
Jane: But that does not always happen.
Michelle:
Sometimes other people may not treat us
Victoria: with the dignity and respect we deserve.
Jane: Because they want to control us.
Michelle: Or they don't think we are capable.
Colin: Or they think we are making bad decisions.
Anat: If we don't get the support we need, our human right to make our own decisions can be lost.
Lisa: Sometimes people think we need a guardian to take over making decisions for us.
Jane: But guardianship should only be a last resort.
Anat: If we cannot make a decision, even with support.
Victoria: And there's no other less restrictive option.
Lisa: And if guardianship protects our human rights.
Colin: Sometimes we need help to access and understand information.
Michelle: And to have our will and preference heard and acknowledged.
Colin: This does not mean that we need a guardian.
It just means that we need a bit of help from a trusted person.
Jane: This may be a relative or a friend.
Michelle: It could be a trained advocate.
Anat: It could be you.
Jane: What we need is.
Michelle: a more inclusive society.
Anat: that recognises the human rights of people with disability.
Jane: We need our community
Colin: to think about supporting our decisions,
Jane: not making our decisions.
Lisa: Because not just us,
Anat: everyone needs support to make decisions.
Lisa: at different times in their life.
William: Supported decision making is when someone helps you to make an important decision about your life,
and how you want to live.
It respects the rights of the person, while helping them to make a decision.
Jane: We ask you to think:
Michelle: Is there a less restrictive option than guardianship?
Victoria: Am I actually at risk of significant harm if I do not have a guardian appointed?
Colin: Could you present the information in a way that I can understand?
This might be all I need to express my will and preference.
Victoria: Have you given me time to think about what I want, and what my choices are?
Lisa: And remember, my will and preference is not always what you might think is in my best interests.
Jane: We have the right to make our own decisions.
Office of the Public Advocate
