Upcoming changes to support roles and relationships

Everyone has the right to make decisions about their life, including about their aged care. Supported decision-making is about older people having support to make and communicate their own decisions and remain in control of their lives.

Under the new Act, every older person is presumed to have the ability to make their own decisions. If you are an older person who wants or needs support, you can choose someone to help you. This person can become a registered supporter.

You may already get support from a partner, family member, friend, caregiver, or someone else. They can continue to support you without becoming a registered supporter. For example, you can ask an aged care provider or My Aged Care to work with this person to support you, even if they aren't registered.

Registering a supporter means an older person has support to make decisions. In supporting an older person to make decisions, registered supporters have duties they must uphold.

Having a registered supporter does not prevent you from doing something you can do yourself. You can continue to request, receive and communicate information and make decisions. You can also have more than one registered supporter.

Some registered supporters also have guardianship, enduring power of attorney or similar legal authority. These people are appointed decision-makers for the older person.

You may not want or need someone else to support you. You are not required to register a supporter.

Registered supporter duties

There will be some changes to the duties and responsibilities of support people, including that registered supporters must:

• prioritise the will and preferences of the older person they support, and promote their personal, cultural and social wellbeing
• support the older person only as much as needed for them to make their own decisions 
• do their best to help the older person maintain their ability to make their own decisions
• avoid or manage conflicts of interest
• ensure they know and understand their duties; this includes any consequences for non-compliance.

When performing these duties, registered supporters must act honestly, diligently, and in good faith. All these changes put the rights of older people at the centre of decision-making.

Becoming a registered supporter does not give a person decision-making authority for the older person.

A person must be an appointed decision-maker under state or territory arrangements to make a decision on behalf of an older person. Appointed decision-makers can only make decisions in line with their (active) legal authority. They should support the older person to make their own decisions where possible.

An appointed decision-maker can be a registered supporter.

Regular representatives who are active in My Aged Care on 30 June will automatically become registered supporters on 1 July. This change will appear:

• in the Online Account of the older person and their registered supporter
• in all communication sent to them from My Aged Care.

Registered supporters will be able to do the same things they did as regular representatives.

The older person’s ability to interact with My Aged Care will either stay the same or have fewer restrictions.

Key differences between a regular representative and a registered supporter

• More support: A registered supporter can help the older person make decisions across aged care and interact with a range of various organisations, including aged care providers. A regular representative can only talk to My Aged Care.
• Legal responsibilities: A registered supporter has legal duties to uphold, with consequences if they don’t. There are set processes to suspend or cancel a registered supporter’s registration and offences for abusing their position.

Opting out of the supporter relationship

If the older person or their regular representative doesn’t want to move to a new supporter relationship, either of them can withdraw/end the relationship in My Aged Care. Doing this before 1 July is called ‘opting out’. They can do this by:

• calling My Aged Care, or
• making the change in their Online Account, by selecting the ‘Opt out’ button.

Opting out will end a regular representative relationship in My Aged Care. If either party wants to opt out, they can choose to do it immediately or by 30 June. After1 July, older people and registered supporters can still end their supporter relationships through their Online Account or by calling My Aged Care.

There are no costs to opting out of or ending a supporter relationship.

Authorised representatives active in My Aged Care on 30 June will automatically become registered supporters from 1 July. This change will appear:

• in the Online Account of the older person and their registered supporter
• in all communication sent to them from My Aged Care.

Authorised representatives who move to a registered supporter role will have the role and duties of supporters.

They will also still be able to make decisions for an older person, within their (active) legal authority under a state or territory arrangement. However, where possible, they should support the older person to make their own decisions.  

Opting out of the supporter relationship

If the older person or their authorised representative doesn’t want to move to a new supporter relationship, the authorised representative can withdraw/end the relationship in My Aged Care. Doing this before 1 July is called ‘opting out’. They can do this by:

• calling My Aged Care, or
• making the change in their Online Account, by selecting the ‘Opt out’ button.

Opting out will end an authorised representative relationship in My Aged Care. If an older person or their authorised representative wants to opt out, the authorised representative can choose to do it immediately or by 30 June.

Note: If an authorised representative becomes a registered supporter, there is no need to re-submit proof of their legal authority to My Aged Care unless something has changed.

After 1 July, older people and registered supporters can still end their supporter relationships through their Online Account or by calling My Aged Care.

There are no costs to opting out of or ending a supporter relationship.

Under the new Act, representative relationships made under the Quality of Care Principles 2014 (the Principles) will no longer exist and won’t transition to the new Act.

Before 1 July

The older person and their representative under the Principles should discuss if the representative should become a registered supporter. They can do this by:

• registering a regular or authorised representative relationship in My Aged Care by 30 June (this will transition to a supporter relationship on 1 July), or
• planning to register a supporter relationship after 1 July.

After 1 July

A former representative under the Principles can:

• work with the aged care provider, if the older person requests it. The older person can ask their provider to share information with, or receive information from, their former representative. However, this does not grant former representatives the ability to make decisions on behalf of an older person.
• work with the aged care provider, if the former representative is an appointed decision-maker.

A former representative under the Principles can do either of the above things even if they are not a registered supporter under the new Act.

Only appointed decision-makers under state or territory arrangements can make decisions on behalf of an older person. This can only be done in line with their (active) legal authority.

The process to register a new representative (regular or authorised representative) in My Aged Care remains the same until 30 June. Regular and authorised representatives will also continue to have the same powers and functions until then.

Regular and authorised representatives active in My Aged Care on 30 June will automatically become registered supporters from 1 July.

• If you want to withdraw from a regular representative relationship before 1 July, you can call My Aged Care or end the relationship in your Online Account.
• If you are an authorised representative and you want to end your role, you can call My Aged Care or end the relationship in your Online Account.
• If you are an older person and want to end an authorised representative relationship before 1 July, you will need to contact My Aged Care.
• If a regular or authorised representative relationship in My Aged Care is ended by 30 June, the regular or authorised representative will not become a registered supporter on 1 July.

The individual agent role will not exist from 1 July. If you are in an individual agent relationship, you may want to consider other support options that would be best for your circumstances.

For those in individual agent relationships who want to continue their support beyond 1 July, the older person or agent can request to register a supporter relationship with My Aged Care.

For further information on other support options and agent changes, call My Aged Care on 1800 200 422.