Before looking at the process for the NDIS, it is important to consider your brother or sister’s decision-making capacity. See the information under Sibling Roles. For the NDIS, people with limited decision-making capacity can have one or more ‘nominees’ to carry out various roles with regard to the planning and managing of their Plan. It may be beneficial to have more than one nominee (for example if one nominee is ill).
However, many people with limited capacity can still make some choices. Even if you, or a parent, are a nominee or joint nominees, your brother or sister should be encouraged and supported to, where possible, contribute to discussions about goals and supports they would like. A service provider or NDIS representative should be able to assist you with this process.
A nominee will have input into the Plan development and monitor and manage ongoing supports. They may also manage the payment of support services out of the funding package the person with disability receives.
Under the NDIS ACT, the NDIA must ‘have regard to’ any person already empowered under a guardianship order or other appointment which gives them power to make decisions for the person with disability. An ‘other appointment’ can include a sibling, where he or she is a nominee for Centrelink on behalf of their brother or sister. So, if you already have Power of Attorney or Guardianship, or are a Centrelink nominee, you may easily be appointed as ‘nominee’ under the NDIS. If not, you can apply to be a nominee.
Where there is a clear agreement about a decision to be made, then this decision will be respected unless the NDIA has concerns the decision (or lack of one) constitutes a significant risk to the personal and social wellbeing of the person with disability. State and territory laws on guardianship and administration are only used when there is conflict or disagreement amongst informal supports or where there are no informal supports.
There are two types of nominees and one person may perform both roles
- A correspondence nominee can undertake all activities a participant would undertake, except for preparing, reviewing or replacing the participant’s NDIS plan; and/or managing the NDIS funding.
- A plan nominee can undertake all activities a participant would undertake under the Scheme including preparing, reviewing or replacing the participant’s NDIS plan; and/or managing the NDIS funding. Anything done by the plan nominee has the effect as if it had been done by the participant.
A nominee is not subject to any criminal liability in relation to anything done in good faith. Nominees must find out the wishes of the participant and make decisions to maximise their wellbeing. For more information click here.