This article is reviewed and approved by Paul Murran, Managing Partner, Peter O’Connor & Son LLP.
A decision-making representation order made to the circuit court is an application by an individual to have a specific person appointed to make decisions for and on behalf of another. It is the highest level of tiered support available under the Mental Health Capacity Act.
Criteria for Court Consideration
The court will only consider putting such an order in place where a less intrusive option, such as a co-decision-making agreement or arrangement, is not appropriate in the circumstances.
Formalities and Affidavit Submission
There are a number of formalities required to bring this application in the circuit court, and it will be grounded on the affidavit of the applicant. Within that affidavit, there will be affidavits and medical reports from a doctor exhibited, confirming that the individual concerned has lost capacity and is unable to make decisions for themselves.
Notice Parties and Consent
Certain notice parties are required to be advised of the application. These include the individual themselves for whom the application concerns, their spouse, partner, or cohabitant, and any adult children they have. If any of those notice parties don’t consent, they will have an opportunity to voice those concerns at the application.
For expert legal advice and assistance with applying for a Decision-Making Representation Order, contact us. Our experienced team is ready to help you navigate the complexities of the process and ensure the best outcome for your loved ones.