We maintain a register of certain decision support arrangements. You can access information about this at the following link decision support arrangements. The Decision Support Arrangements Register (the Register) allows certain professionals, organisations and members of the public to confirm whether a decision support arrangement exists, the status of the arrangement and the content of the arrangement.
There are five different decision support arrangements for people who have, or may have, challenges with their capacity and who may need support to make certain decisions. These arrangements are based on the different types of support that a person needs to make a specific decision at a specific time.
We keep a searchable register of the following arrangements:
- Co-decision-making agreements
- Decision-making representation orders
- Enduring powers of attorney
We do not keep a searchable register for the following arrangements:
- Advance healthcare directive
- Decision-making assistance agreement
To verify one of these arrangements you will need to check the hard copy of the arrangement with the person or their decision supporter.
Why do people need to search the Register?
People or organisations may need access to the Register to make sure that a decision support arrangement is in place. Because of privacy and data protection laws, organisations such as banks and hospitals may need to confirm that a decision support arrangement is in place before talking to a decision supporter or allowing a decision supporter to exercise their authority.
Some people may need to search the Register because they are concerned that a decision support arrangement includes decisions about personal welfare or property decisions that they themselves have an interest in.
Who can access the register?
There are three categories of people who can access the Register:
- An organisation (also referred to as a body or class of persons) as specified in regulations that has been approved by us to access the Register
- An individual member of a recognised professional body (also referred to as a member of the class of persons) as specified in regulations, that has been approved by us to access the Register
- Any person who can demonstrate that they have a good reason (also knowns as a legitimate interest) to search the Register.
The Department of Children, Equality, Disability, Integration and Youth have made regulations that say which types of organisations and professionals can apply to us to be approved to access the Register.
You can access these regulations through this link: Regulations
Searching as an approved organisation
Certain organisations can apply to us to access the Register.
The Department of Children, Equality, Disability, Integration and Youth have made regulations that say which organisations can apply to access the Register. This includes:
- Designated centres (for example, nursing homes)
- Approved centres (inpatient mental health services)
- Public bodies and authorities (for example, hospitals, local authorities)
- Regulated financial service providers (for example, banks, credit unions, broker, debt management firms)
- Nominees of classes of persons prescribed by the regulations (for example, private medical clinics)
Searching as an approved person
Certain individuals who are registered with a professional body (also referred to as classes of persons) can apply to us to access the Register.
The Department of Children, Equality, Disability, Integration and Youth have made rules (which are called regulations) that say which people can apply to access the register.
Fees for searching the register
The Department of Children, Equality, Disability, Integration and Youth have set certain fees for accessing details of a decision support arrangement or a certified copy of a decision support arrangement on the Register. Fees vary depending on the level of access you need. In the case of a legitimate interest search request that is approved, the fee must be paid before access is granted.
There is no cost for a search to verify the existence and status of an arrangement.
Legitimate interest searches
Any person can make a general request to search the Register. This is known as a legitimate interest search request. The request must be made in writing in a form specified by us. The person making the request must show us that they have a good reason to search the Register and to be given details of the decision support arrangement.
We review each request we receive and decide whether or not to grant the person access to the Register.
When will the Register be available for access online?
Access to the online Register is currently available to a limited number of organisations as part of a focused launch. This focused launch will commence with organisations from the healthcare sector.
Online access to the Register will become more widely available in early 2025. If your organisation has been identified for access as part of the focused launch, your organisation will have been notified.
For organisations that are not part of this focused launch, there are steps you can take to make sure you are ready to apply for approved access to the online Register when it becomes more widely available in 2025. A document detailing these steps will be available shortly.