Decision Making Representation under Assisted Decision Making Act
In Ireland, a Decision-Making Representative is a person appointed by the court under the Assisted Decision-Making (Capacity) Act 2015 to make certain decisions on behalf of an adult who has been found to lack capacity to make those decisions themselves — even with support.
Here’s the key breakdown:
• Purpose:
They act as a last-resort decision-maker when other, less formal supports (like a decision-making assistant or co-decision-maker) are not enough. It is also required where the relevant person have not made an enduring power of attorney.
• Appointment:
An application must be made to the Circuit Court. This is usually done by a family member, or where there is no family member, by the HSE. It is necessary for the next of kin, and immediate family members to be informed of the application, and often the consent of all parties will be required. Depending on the relationship between the family member and the relevant person, a preliminary application to the court for permission to bring the application may also be required.
The paperwork needs to be served on the relevant person, and they must also be advised of the application. This may result in an application being made to the Legal Aid Board for legal representation for the relevant person.
• The Circuit Court appoints the representative after assessing the person’s capacity and deciding that a Decision-Making Representation Order is necessary.
• Scope of decisions:
The order specifies exactly which decisions the representative can make — for example, about medical treatment, property, finances, housing, or personal welfare. They cannot make decisions outside of what the court authorises.
The Court will set a date when the orders must be reviewed.
• Duties:
They DMR must:
o Follow the guiding principles of the 2015 Act (like respecting the person’s will, preferences, and rights as much as possible).
o Keep records of decisions and actions.
o Report to the Decision Support Service (DSS) on a regular basis.
• Safeguards:
The arrangement is regularly reviewed, and the court can change or end it if the person’s circumstances or capacity change.
It’s essentially Ireland’s most formal legal arrangement for substituted decision-making, intended to be used only when all other support options won’t work.
If you would like further information on a decision-making representative or find yourself with a family member who may need to apply for such an order, do not hesitate to contact any Donal T. Ryan Solicitors LLP Cashel and Cahir. Máire McMahon and Gavin McCarthy Partners in the Cahir office have extensive experience of such applications and with their legal assistant Rose Wallace will guide you through the process.
Contact us at Cahir 052 7441244 or Cashel 062 61288 or www.dtryan.ie
