Should Newfoundland Modernize How Decisions Are Made for People Who Need Support?

Official title: Framework of Decision-Making

Closed Policy & Studies Health & Safety Justice & Rights
Newfoundland and Labrador is rethinking how decisions get made for people who can't make them alone. Right now, if someone lacks legal capacity, another person usually decides for them. The province wants to shift toward helping people make their own choices with support, rather than having others decide on their behalf.

Why This Matters

Do you have an aging parent? A family member with a disability? This affects how their care decisions get made. It could mean the difference between someone else choosing where your loved one lives—or them having a real say with proper support.

What Could Change

Several laws could be updated, including the Mentally Disabled Persons' Estates Act and the Enduring Powers of Attorney Act. New rules might require trying supported decision-making before appointing a substitute. This could change how powers of attorney work and how capacity assessments are done.

Key Issues

  • How can people be supported to make their own decisions rather than having others decide for them?
  • When should substitute decision-making be used versus supported decision-making?
  • How should existing laws on capacity and decision-making be modernized?

How to Participate

  1. Complete the online questionnaire (requires registration on EngageNL). Takes about 30 minutes.
  2. Send a written submission by email to decisionmaking@gov.nl.ca, by fax to 709-729-6237, or by mail to the Department of Children, Seniors and Social Development.