A Decision-Making Representative Order (DMRO) is a legal arrangement that allows a trusted individual to make specific decisions on behalf of someone who has lost capacity and is unable to make certain important decisions for themselves, even with support.
Under the Assisted Decision-Making (Capacity) Act 2015, the court can appoint a Decision-Making Representative (DMR) to make specific decisions on a person’s behalf. This may relate to matters such as healthcare, living arrangements, property, or finances.
How Does the Process Work?
The application begins with a medical assessment confirming that the person lacks capacity to make specific decisions. Once the capacity report is ready, you must prepare and submit three key documents to the Circuit Court office setting out the decisions that need to be made on the person’s behalf:
- Capacity Application
- Statement of Particulars
- Grounding Affidavit
The person concerned, their family members, and other relevant parties must be notified of the application before the Court hearing.
At the hearing, the Judge will consider the evidence and decide whether appointing a Decision-Making Representative is necessary. If appointed, the representative must act in accordance with the person’s wishes and preferences wherever possible.
What Happens After Appointment?
Once appointed, the Decision-Making Representative can carry out the responsibilities granted by the Court Order, such as managing finances, dealing with property, or making certain welfare decisions. They must also register with the Decision Support Service (DSS) and comply with ongoing reporting requirements.
Decision-Making Representative Orders provide an important safeguard for vulnerable adults who can no longer make certain decisions for themselves. They ensure that necessary decisions can be made while protecting the person’s rights, dignity, and independence as much as possible.
If you would like help with a DMRO or any other legal matter please contact us here info@mcgrathmullan.ie.
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