Decision-Making Representative Order

Decision-Making Representative Order

If you (or a loved one) needs support (or is unable) to make certain decisions at any point in your life there are options available in law to assist you in making those decisions.

The Assisted Decision-making (Capacity) Act 2015 (commenced in 2023) outlines a number of options available to you:

  1. Enduring Power of Attorney
  2. Decision Making Representative
  3. Advanced Healthcare Directive
  4. Decision-Making Assistance Agreement
  5. Co-Decision-Making Agreement

Decision-Making Representative Order

 If you or a loved one has lost capacity or are unable to make certain decisions and they do not have an Enduring Power of Attorney in place, there is protection in law. 


It is open for a loved on to make an application to the court to be appointed a decision-making representative.


The person who makes an application for a decision-making representative order is usually a family member or loved one.


The Application is to the Circuit Court and the Application outlines what decisions it is proposed that the decision-making representative will make on behalf of the person requiring assistance.


The decision-making representative order is an important application and may be needed if your loved one does not have an Enduring Power of Attorney and requires care in a nursing home. 


The decision-making representative order would allow the applicant to make certain decisions on the persons behalf.  They would be allowed to decide where that the loved one would live and allow them sign up for a nursing home.


The representative can make an application on their behalf for the nursing home support scheme. This application replaces the Nursing Home Support Scheme Application.


If no one is willing or able to act on behalf of the person who has lost capacity the court may appoint someone from their panel of trained experts.