What a Decision-Making Representative (DMR) is
A Decision-Making Representative is a person appointed by the court to make certain decisions on behalf of a Relevant Person 🛈.
A Decision-Making Representative is only appointed if the court finds that a Relevant Person lacks capacity 🛈 (ability) to make certain decisions.
The court may appoint more than one Decision-Making Representative, each with responsibility for different types of decisions.
A Decision-Making Representative must always consider the wishes and preferences of the Relevant Person and involve them in any decision-making where possible.
A Decision-Making Representative is usually someone the Relevant Person knows and trusts. This could be a relative, friend or neighbour. They must be over the age of 18.
The law is very clear on who can and cannot become a Decision-Making Representative. A person may be ineligible if there are concerns around the personal safety of the Relevant Person. They could also be ruled out where there is potential for any financial conflict of interests or if they are in financial difficulties.
People who can't become Decision-Making Representatives
A person cannot be appointed to act as a Decision-Making Representative if they:
- Have been convicted of an offence in relation to the Relevant Person, or the Relevant Person's property or child
- Have been the subject of a barring order in relation to the Relevant Person, or a child of the Relevant Person
- Are currently bankrupt, in a debt settlement or insolvency arrangement, or have been convicted of an offence of fraud or dishonesty
- Are a person who was a director of an insolvent company in the past 5 years
- Are the owner or registered provider of the designated centre or mental health facility where the Relevant Person lives
- Are living with, or is an employee or agent of, the owner of the designated centre or mental health facility where the Relevant Person lives
- Have been convicted of an offence as a Decision-Making Assistant (DMA), Co-Decision-Maker (CDM), Attorney 🛈, or Designated Healthcare Representative (DHR).
- Have been convicted of an offence under Section 15A, 34, 80, 90 or 145 of the Act.
If you are not listed above, it is likely that you are eligible to act as a Decision-Making Representative.
If there is no suitable person available to act as a Decision-Making Representative, or in very complex cases, the court can ask the DSS (Decision Support Service) to provide someone from their panel of experts.
More information on the Decision Support Service.
To have a DMR appointed, the applicant 🛈 must apply to the court for a Decision-Making Representation Order (DMRO). This is called a Capacity Application.
Decision-Making Representation Order (DMRO)
The types of decisions that a Decision-Making Representative can make will be set out in a Decision-Making Representation Order (DMRO).
The types of decisions come under two categories: Personal Welfare and/or Property and Affairs.
Personal welfare decisions
Decisions about a Relevant Persons interests, health, and well-being can include:
- Accommodation, including whether or not they should live in a designated centre
- Their participation in employment, education, or training
- Their participation in social activities
- Decisions on any social services provided, or to be provided, to them
- Decisions on their general healthcare
- Their participation in healthcare research and social care research. This excludes clinical trials of medicinal products for human use or clinical investigations undertaken to assess the safety or performance of medical devices
- Other matters relating to their well-being
Property and affairs decisions
Decisions about a Relevant Person's property, business, and money matters can include:
- The custody, control, and management of some or all of their property, or property rights
- The sale, exchange, mortgaging, charging, gift, or other disposition (arrangement) of their property
- The acquisition of property by them, or on their behalf
- The carrying on of any profession, trade, or business on their behalf which may lawfully be carried on by a person other than the Relevant Person
- The making of a decision which will have the effect of dissolving a partnership in which they are a partner
- The carrying out of any contract entered into by the person
- The discharge of their debts, tax and duty liabilities and obligations, or other obligations
- The execution or exercise of any of the powers or discretions vested in the person as a tenant for life
- Providing for the needs of a Decision-Making Assistant, a Co-Decision-Maker, an Attorney, a Designated Healthcare Representative or a Decision-Making Representative or the needs of other persons to the extent that the Relevant Person might have been expected to do so
- The conduct of proceedings before any court or tribunal, in their name or on their behalf
- Making an application for housing, social welfare, or other benefits, or otherwise protecting or advancing the interests of the Relevant Person in relation to those matters.
When a Decision-Making Representative is appointed by the court, they must sign a statement (Form 55J). In this statement, the DMR confirms that they understand their role and will act in accordance with the Act.
All Decision-Making Representatives must keep records and send a written report, relating to the Relevant Person, to the DSS every year, or more often if the court directs.
Note: The Courts Service must send a copy of the Decision-Making Representation Order (DMRO) to the Decision Support Service (DSS). The DSS is responsible for the supervision of DMRs.
For more information on reporting contact the Decision Support Service.
Review of Capacity
On the date a Decision-Making Representation Order is made, the court will give a date for a hearing to review the order. This review usually takes place between 12 months and 3 years after the order is made. This is called a Review of Capacity.
- To prepare for the review, the Decision-Making Representative must swear an affidavit and provide copies of any reports or documents that are relevant to the review. For example, an updated medical report on the capacity of the Relevant Person may be required. The court may request other reports as part of the review.
- The Decision-Making Representative must file the affidavit and any reports in the relevant court office and send copies of both to the Relevant Person and any Notice Parties. This must be done no later than 21 days before the review date.
Note: The Relevant Person can apply for a Review of Capacity at any time. They do not have to wait until the review date given by the court. An application for review is made by filing a Notice of Motion (Form 55E) and a Grounding Affidavit.
Any other person wishing to apply for a review, will need to apply for consent of the court to bring the application.