Co-decision-making in the assisted decision-making (Capacity) Act 2015: challenges and complexities.

Abstract

Co-decision-making is the middle of the three new tiers of support for those whose capacity is in question or lacking under the Assisted Decision-Making (Capacity) Act 2015. In co-decision-making, decision-making authority is shared jointly between the person and their chosen co-decision-maker. Co-decision-making is a new and challenging concept and the capacity test to be applied by healthcare professional assessors is complex. I suggest that thinking about the minimum requirements for joint decision-making and about the idea of 'partial capacity' are helpful in determining where co-decision-making fits on a capacity spectrum. Whatever the difficulties, co-decision-making is a core support arrangement in the new law, and there is a responsibility on all seeking to support a relevant person to work to ensure it is a viable and useful option.