complaints

Complaints about an enduring power of attorney

complaints

You can make a complaint to us about an enduring power of attorney, or an attorney appointed under that Power.

Where a complaint is made about an attorney appointed under the Powers of Attorney Act 1996, the duties and obligations set out in that law, and not the 2015 Act, apply.

Complaints about an attorney appointed under the 1996 Act must be for one or more of the following reasons:

  • An attorney is acting or proposing to act outside the scope of the enduring power under the Powers of Attorney Act 1996
  • An attorney is not able to perform their duties and obligations as set out in the Powers of Attorney Act 1996
  • That fraud, coercion, or undue pressure was used to get the person to make the enduring power of attorney under the Powers of Attorney Act 1996.

Where a complaint is made about an attorney appointed under the Assisted Decision-Making (Capacity) Act 2015, complaints must be for one or more of the following reasons:

  • An attorney has made or is trying to make decisions that are not included in the enduring power of attorney
  • An attorney is not following the guiding principles or the code of practice for attorneys
  • An attorney is not suitable for the role
  • That fraud, coercion, or undue pressure was used to get the person to make, change or cancel the enduring power of attorney.
  • The person did not have capacity to make an enduring power of attorney at the time it was made
  • The person did not have capacity to register an enduring power of attorney at the time it was registered.

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Complaints about a co-decision-maker

complaints

You can make a complaint to us about a co-decision-making agreement or a co-decision-maker.

Complaints must be for one or more of the following reasons. A co-decision maker:

  • Has made or is trying to make decisions with the person that are not included in the co-decision-making agreement
  • Has made or is trying to make decisions on behalf of the person
  • Is not following the guiding principles or the code of practice for co-decision-makers
  • Is not suitable for the role
  • Is no longer eligible to perform in the role
  • That fraud, coercion, or undue pressure was used to get the person to make, change or cancel the co-decision-making agreement.

Complaints about a co-decision-making agreement:

  • A co-decision-making agreement does not reflect the will and preferences of the person
  • The person did not have capacity to make a co-decision-making agreement at the time it was made
  • The person has capacity to make one or more decisions in a co-decision-making agreement and does not need to make these decisions with a co-decision-maker
  • The person does not have capacity to make one or more of the decisions in a co-decision-making agreement even with a co-decision-makers help.

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Complaints about a decision-making assistant

complaints

You can make a complaint to us about a decision-making assistant or a decision-making assistant agreement.

Complaints must be for one or more of the following reasons. A decision-making assistant:

  • Has helped or is trying to help the person with decisions that are not included in the decision-making assistance agreement
  • Has made or is trying to make decisions on behalf of the person or with the person
  • Is not following the guiding principles or the code of practice for decision-making assistants
  • Is unable to perform their functions and responsibilities under the decision-making assistance agreement
  • Is no longer eligible to perform in the role
  • That fraud, coercion, or undue pressure was used to get the person to make, change or cancel the decision-making assistance agreement.

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Our complaints procedures

We have published a document which contains more information about all our complaints procedures. You can read more about how we handle complaints in our Complaints and Investigation Procedures

 

You can make a complaint by downloading a Complaint Form and emailing or posting it to us.

You can make a complaint by downloading our interactive Complaint Form and typing your details in the PDF and returning it to complaints@decisionsupportservice.ie

You can request an internal review by downloading an Internal Review Form and emailing (complaints@decisionsupportservice.ie) or posting it to us.

How to make a complaint

Any person can make a complaint to us about an appointed decision supporter or a decision support arrangement.

If you have any safeguarding concerns, please visit our useful links page.

Different ways to make a complaint

There are a number of different ways you can make a complaint. You can make a complaint:

  • through our website by downloading a Complaint Form. You can type your complaint directly onto the form and send it to us by email. Or you can print off the Complaint Form, fill it in and send it to us by post.
  • if you click on the link for the page, contact us by email, phone or post we can assist you to make a complaint.

Find out more

You can read more about how to make a complaint in our Complaints and Investigation Procedures.

You can also contact the Complaints and Investigations Team by:

Email: complaints@decisionsupportservice.ie

Phone: (01) 211 9750

Post: Complaints and Investigations Team, Decision Support Service, Waterloo Exchange, Waterloo Road, Dublin 4, D04 E5W7