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Supporter

A statutory supporter who assists the person in deciding, rather than deciding in their place.

13 jurisdictions · 9 countries · role id supported-decision-maker

Asia

Japan

Assistant (補助人) — Assistant

The lightest tier, for a person whose capacity is insufficient without being markedly so. Its distinguishing feature is consent: where anyone other than the person applies, the adjudication cannot be made without that person’s own agreement.

Assigned
Family Court adjudicates the commencement of assistance where capacity is insufficient, except where the grounds for guardianship or curatorship apply Incapacitated
Starts
On the adjudication; where the application is made by anyone other than the person, their own consent is required Incapacitated
Ends
Death of the person, which commences the inheritance Deceased

Something missing or wrong for Japan?

民法（明治二十九年法律第八十九号）第15条; 民法（明治二十九年法律第八十九号）第882条

South Korea

Specific guardian

Support for one matter or one period, and the only Korean guardianship that cannot be imposed over the principal’s objection. Representation is optional and time- and scope-limited when the court grants it.

Assigned
Family Court adjudicates commencement of specific guardianship, fixing the period or the scope of affairs Incapacitated
Starts
Court may confer a right of representation on the specific guardian for a set period and scope, and may require the supervisor’s consent to its exercise Incapacitated
Ends
The fixed period expires or the specified affairs are completed Incapacitated
Death of the principal Deceased

Something missing or wrong for South Korea?

Civil Act (Republic of Korea), Article 14-2; Civil Act (Republic of Korea), Article 959-11; Civil Act (Republic of Korea), Article 997

Europe

Ireland

Decision-making assistant

The lightest tier of the 2015 Act. The person keeps the decision; the assistant helps them gather information and express a choice. No registration and no court involvement.

Assigned
Person whose capacity is or may shortly be in question appoints an assistant in a decision-making assistance agreement Capable
Starts
On the agreement taking effect; the appointer retains the decision throughout Capable
Ends
Agreement revoked, assistant becomes ineligible or is disqualified Capable
Death of the appointer Deceased

Something missing or wrong for Ireland?

Assisted Decision-Making (Capacity) Act 2015, s 10; Succession Act 1965, s 10

Ireland

Co-decision-maker

The middle tier. Decisions are made jointly with the appointer, and unlike the assistant tier the agreement must be registered with the Decision Support Service before it has effect.

Assigned
Person whose capacity is or may shortly be in question appoints a suitable person to make decisions jointly with them Capable
Starts
On registration of the co-decision-making agreement with the Director of the Decision Support Service Incapacitated
Ends
Agreement revoked or removed from the Register Incapacitated
Death of the appointer Deceased

Something missing or wrong for Ireland?

Assisted Decision-Making (Capacity) Act 2015, s 17; Succession Act 1965, s 10

Italy

Support administrator (amministratore di sostegno) — Support administrator

The measure that made Italy’s 2004 reform notable. It is calibrated rather than all-or-nothing: the beneficiary keeps capacity for every act the decree does not reserve to exclusive representation or assistance, and may always perform acts of daily life. The decree fixes the administrator’s object and duration, and the administrator must have regard to the beneficiary’s needs and aspirations and keep them informed.

Assigned
A person who, through infirmity or physical or mental impairment, cannot see to their own interests — even partly or temporarily — may be assisted; the application may be brought by the person themselves, among others Incapacitated
Starts
The giudice tutelare appoints by decree within sixty days, stating its duration and the acts the administrator may do in the beneficiary’s name or together with them Incapacitated
Ends
The measure is revoked on application by the beneficiary, the administrator, the public prosecutor or others entitled, when the conditions for it have ceased Capable
Acts done in breach of law or beyond the object or powers conferred may be annulled on application Incapacitated

Something missing or wrong for Italy?

Codice civile art. 404; Codice civile art. 406; Codice civile art. 405; Codice civile art. 413; Codice civile art. 412

North America

Canada — British Columbia

Representative under a section 7 (standard) representation agreement

BC's supported decision-making tool. An adult can make a section 7 agreement even if unable to make a contract. It authorizes a representative to help the adult decide, or to decide for the adult, about personal care, routine finances, most health care and legal services. It cannot cover refusing life-preserving care. It takes effect on execution and ends on death.

Assigned
Adult signs a s 7 agreement; the capacity test weighs relationship of trust and expressed wishes rather than contractual capacity Capable
Starts
On execution (all signatures, witnesses and certificates), unless a later triggering event is specified Capable
Ends
Adult dies Deceased
Revocation, court cancellation, or representative's death, resignation or incapability Incapacitated
Routine financial provisions cancelled on bankruptcy of the adult or representative, a receiver's appointment, or the representative's conviction for dishonesty Incapacitated

Something missing or wrong for Canada — British Columbia?

Representation Agreement Act, RSBC 1996, c 405, s 7; Representation Agreement Act, RSBC 1996, c 405, s 8; Representation Agreement Act, RSBC 1996, c 405, s 13; Representation Agreement Act, RSBC 1996, c 405, s 15; Representation Agreement Act, RSBC 1996, c 405, ss 5-6; Representation Agreement Act, RSBC 1996, c 405, s 29; Representation Agreement Act, RSBC 1996, c 405, s 27; Representation Agreement Act, RSBC 1996, c 405, ss 30, 32; Representation Agreement Act, RSBC 1996, c 405, s 28

Canada — Québec

Assistant to a person of full age

Created by S.Q. 2020, c. 11, in force 1 November 2022. A person of full age who has a difficulty asks the Public Curator to recognize one or two assistants to help with decisions and act as intermediary with third parties. The person keeps full legal capacity, and the assistant cannot sign for them. Recognition is entered in a public register and lasts 3 years unless it ends sooner.

Assigned
Joint application by the person and proposed assistant to the Public Curator (or via a certified advocate or notary); notice to 2 family members or interested persons with 30-day objection period Capable
Starts
Public Curator recognizes the assistant and enters it in the public register Capable
Ends
Expiry of three years, or earlier at the person's request Capable
Tutorship instituted or protection mandate homologated for the assisted person or the assistant, or temporary representative designated for the assistant (on notice to the Public Curator) Incapacitated
Assistant ceases to act Capable
Public Curator terminates recognition for serious reason to fear injury (reviewable by court within 30 days) Capable

Something missing or wrong for Canada — Québec?

Civil Code of Québec, arts 297.10-297.13; Civil Code of Québec, arts 297.19-297.25; Gouvernement du Québec, news release of 1 November 2022 on the coming into force of S.Q. 2020, c. 11; Civil Code of Québec, arts 297.26-297.27

Oceania

Australia — Victoria

Supportive attorney

An adult with capacity can appoint a supportive attorney. The supportive attorney helps the principal make and carry out the principal's own decisions on personal, financial or other matters, but not medical treatment. They may get information, communicate decisions and take steps to give effect to them. The appointment has no effect while the principal lacks capacity and is revoked at death.

Assigned
Adult principal with capacity signs the appointment form; supportive attorney signs a witnessed acceptance Capable
Starts
On the time, circumstance or occasion specified; otherwise on making Capable
Ends
Principal lacks decision-making capacity for the matters: appointment has no effect for that period Incapacitated
Death of principal Deceased
Revocation by principal (with capacity); death, incapacity, insolvency, care-provider status or dishonesty conviction of the supportive attorney; resignation; VCAT order Capable

Something missing or wrong for Australia — Victoria?

Powers of Attorney Act 2014 (Vic) s 85; Powers of Attorney Act 2014 (Vic) s 86(1); Powers of Attorney Act 2014 (Vic) s 99(1); Powers of Attorney Act 2014 (Vic) s 101; Powers of Attorney Act 2014 (Vic) s 102; Powers of Attorney Act 2014 (Vic) s 109; Powers of Attorney Act 2014 (Vic) s 103; Powers of Attorney Act 2014 (Vic) s 116

Australia — Victoria

Support person (medical treatment)

Any person with decision-making capacity, including a child, may appoint one support person. The support person helps them make, communicate and carry out their own medical treatment decisions. The support person represents their interests, including when they lack capacity, but cannot make treatment decisions.

Assigned
Person with capacity signs a witnessed appointment; support person accepts Capable
Starts
On the date the appointment is made Capable
Ends
Revocation by the person (with capacity) or a later appointment of a support person Capable
Resignation or VCAT revocation Capable
Death of the person (no express provision) Deceased

Something missing or wrong for Australia — Victoria?

Medical Treatment Planning and Decisions Act 2016 (Vic) s 31; Medical Treatment Planning and Decisions Act 2016 (Vic) s 38; Medical Treatment Planning and Decisions Act 2016 (Vic) s 35; Medical Treatment Planning and Decisions Act 2016 (Vic) s 39; Medical Treatment Planning and Decisions Act 2016 (Vic) s 43; Medical Treatment Planning and Decisions Act 2016 (Vic) s 32

Australia — Victoria

Supportive guardian or supportive administrator appointed by VCAT

VCAT may appoint a supportive guardian or supportive administrator if the person consents and would have decision-making capacity with practicable and appropriate support. The appointee may get information, communicate decisions and give effect to the person's decisions, but does not decide for them. Orders are reassessed like substitute orders.

Assigned
VCAT makes a supportive guardianship or supportive administration order, with the person's consent Capable
Starts
On the making of the order Capable
Ends
A later guardianship or administration order is made (ceases to the extent of inconsistency) Incapacitated
VCAT revokes on reassessment Capable
Death of the supported person (appointee must report death; no express lapse provision) Deceased

Something missing or wrong for Australia — Victoria?

Guardianship and Administration Act 2019 (Vic) s 87; Guardianship and Administration Act 2019 (Vic) s 90; Guardianship and Administration Act 2019 (Vic) s 96; Guardianship and Administration Act 2019 (Vic) s 159(2); Guardianship and Administration Act 2019 (Vic) s 167; Guardianship and Administration Act 2019 (Vic) s 98

South America

Argentina

Persona de apoyo — Support person

Argentina’s default response to impaired capacity is support, not substitution. A support measure may be judicial or extrajudicial, and its stated purpose is to promote autonomy and facilitate the person’s own communication, understanding and expression of will.

Assigned
Judge restricts capacity for specified acts and designates one or more support persons, or a support is arranged extrajudicially Incapacitated
Starts
The judgment sets the extent and scope of the restriction and specifies the functions and acts limited, keeping the intrusion on personal autonomy as small as possible Incapacitated
Ends
Death of the person Deceased

Something missing or wrong for Argentina?

Código Civil y Comercial de la Nación (Ley 26.994), artículo 32; Código Civil y Comercial de la Nación (Ley 26.994), artículo 43; Código Civil y Comercial de la Nación (Ley 26.994), artículo 38; Código Civil y Comercial de la Nación (Ley 26.994), artículo 2277

Brazil

Apoiador (tomada de decisão apoiada) — Supporter under supported decision-making

A person with a disability chooses at least two trusted supporters to help them decide on civil matters, keeping the decision their own rather than transferring it.

Assigned
The person elects at least two trusted supporters Capable
Starts
On the supported decision-making arrangement taking effect Incapacitated
Ends
Death of the person Deceased

Something missing or wrong for Brazil?

Código Civil (Lei nº 10.406/2002), art. 1.783-A; Código Civil (Lei nº 10.406/2002), art. 1.784

The interactive viewer carries the lifecycle diagram, the state machine and the full source list, including the quoted text of each provision. Not legal advice. This is a research aid summarising primary legal sources as retrieved on the dates shown; always read the cited current text and consult a lawyer licensed in the jurisdiction.