Our Wills, Probate & Estate Planning Team are highly experienced in advising clients in regard to Decision-Making Representative Orders.
What is a Decision-Making Representative?
If a person is unable to make certain decisions or to avail of either a Decision-Making Assistance Agreement or a Co-Decision-Making Agreement due to lack of capacity, an application can be made to the Circuit Court on that persons behalf for a decision-making representative to be appointed for that person (referred to in the legislation as the “relevant person” ("RP").
Who appoints a Decision-Making Representative?
The decision-making representative is appointed by the Court to make certain decisions on the RP’s behalf taking into account the RP’s wishes. If possible, the Court will appoint someone the RP knows and trusts as their decision-making representative. If there is no suitable person available, the Court may appoint someone from a panel of trained experts to act as the RP’s decision-making representative.
What does the Application Process for a Decision-Making Representative Involve?
Before applying to Court, a functional capacity report must be obtained from the RP’s doctor. Details of all of the RP’s assets and liabilities are set out in the application papers filed with the Court. Certain family members are required to be notified about the proposed application. The Court then directs various enquiries to be undertaken.
Once the application has successfully concluded, a Court Order issues confirming the decision-making representatives capacity to act on behalf of the RP in respect of the matters listed in the Court Order.
Assisted Decision-Making (Capacity) Act
The Assisted Decision-Making (Capacity) Act 2015 (as amended) came into effect on 26th April 2023. Other arrangements that are available under the Act include as follows:
A Decision-Making Assistance Agreement
A Co-Decision Making Agreement
Enduring Power of Attorney
An Advanced Healthcare Directive
)