Decision-making representative

If a person is unable to make certain decisions, the court will be able to appoint a decision-making representative to them. This will be written down in a decision-making representation order.

The decision-making representative’s role is to make certain decisions on the person’s behalf. The court will list all of the decisions that the decision-making representative can make. This may include decisions about property and money matters, as well as decisions about personal welfare.

If possible, the court will pick someone the person knows and trusts. If there is no one suitable who is able to do the role, the court will pick a decision-making representative from a panel of experts maintained by us.

If you are appointed as a decision-making representative, you will only make the decisions that are listed in the order. You will take into account the person’s wishes when making decisions. You will also involve them in the decision making as much as possible.

Who can be a decision-making representative?

You can become a decision-making representative if you are an adult (18 years and over) and the court thinks you are a suitable person for the role.

Read more about Who can be a decision-making representative?

What is involved in being a decision-making representative?

As a decision-making representative, your role will be to make certain decisions on behalf on the person.

Read more about What is involved in being a decision-making representative?

Monitoring and supervision

Decision-making representatives will have to send a written report to us every year. However, the court can require you to send us reports more often.

These reports will include details of big decisions taken as part of the order.

Read more about Monitoring and supervision

How do I become a decision-making representative?

A decision-making representative is appointed by the court in a decision-making representation order.

Any person will be able to make an application for an order if they can show that they have a true interest in the welfare of the person. The court will decide whether or not you are suitable for the role. If the court decides to appoint you, it will tell us and send us a copy of the decision-making representation order.

This type of application will be made to the Circuit Court. The court will make rules setting out more requirements for making this type of application. We will provide you with more information as soon as we can.

How to find out if someone is a decision-making representative?

When the court appoints a decision-making representative, it will tell us and send us a copy of the decision-making representation order.

We will keep a register of decision-making representation orders.

Certain people and organisations, like banks, lawyers and doctors, will be able to search this register. Family members and carer may also ask to search to register if they have a good reason to do so. We will be able to confirm that an order is in place. We will also be able to give them a certified copy of the order.

Making a complaint about a decision-making representative

Any person can make a complaint to us about a decision-making representative. Complaints must be made in writing and must be for one of the following reasons:

  • the decision-making representative is making, or is trying to make, decisions that are not included in the arrangement
  • the decision-making representative is not suitable for the role

Find out more about making a complaint about a decision-making representative, here.