No, a court order making a declaration under section 55(1)(b)(i) of the Act that the relevant person lacks capacity to make one or more decisions unless the assistance of a co-decision-maker is made available to them does not put a CDMA in place. The relevant person and their co-decision-maker must make an application to the DSS and undergo the process for making a CDMA as set out under the Act.
Before you can start a co-decision-making agreement (CDMA) application, your client and their co-decision-maker (CDM) both need to have their own verified MyDSS accounts. There are two ways to create a verified MyDSS account for your client:
Option 1: Creating an account for your client through the manual ID verification process and accessing the account on the client's behalf using the green Decision Support Service login button.
Option 2: Alongside your client through their verified MyGOV ID account.
The co-decision-maker will also need to create a verified account using one of the above options.
For more information on our manual ID verification process and to commence the ID verification form, please click on the following link: Identity Verification Application Form | Decision Support Service.
If the appointer and/or CDM already have verified MyDSS accounts, they can access the MyDSS portal through the following link: Sign in.
If you have any queries relating to the ID verification process, you can call our dedicated helpline on 01 211 9750 or email queries@decisionsupportservice.ie
Before you begin the application with your client, ensure you understand your client’s needs and the decisions to be made jointly as specified in the order so that the correct specified decisions are included in the CDMA.
Ensure that you specify the types of decisions being included in the application; a CDMA cannot include a general authority for all decisions.
You must include clear details about each type of decision (for example, accommodation decisions, property management decisions) that your client needs to include in their CDMA. The CDMA tells other people and organisations what decisions the co-decision-maker must make with your client, so it is important that they are able to understand exactly what is covered by it.
The CDMA must only include decisions that your client needs to make now, or in the near future. The CDMA should not include any decisions that your client can make for themselves, without the support of their co-decision-maker.
You can find more tips to help you make your client’s CDMA in step 5 at the link Assist your client in creating an application to register a CDMA and more information about what you need for making your application at the link Getting CDMA Ready Checklist.
Your client and their co-decision-maker must have the following documents completed as part of the CDMA application:
a) an appointer declaration signed by your client and two witnesses
b) A co-decision-maker declaration signed by the co-decision maker and the same two witnesses that signed the appointer declaration. The two witnesses:
must be 18 years of age or older
neither can be an agent or employee of the co-decision-maker
at least one cannot be an immediate family member of you or your co-decision-maker
c) a statement of capacity completed by a registered medical practitioner/prescribed healthcare professional
d) Two references regarding the personal character of the proposed co-decision-maker
No, a capacity assessment obtained as part of the process of discharge from Wardship does not satisfy the elements of a capacity statement required for registration of a CDMA under section 21(4)(f) of the Act. For example, a report provided by a medical visitor to the Court as part of a relevant person’s discharge from Wardship is not sufficient.
The capacity statement required for a CDMA under the Act contemplates a particular CDMA and states that, in the opinion of the assessor:
- the appointer has capacity to make a decision to enter into the co-decision-making agreement,
- the appointer requires assistance in exercising his or her decision-making in respect of the relevant decisions contained in the co-decision-making agreement, and
- the appointer has capacity to make the relevant decisions specified in the co-decision-making agreement with the assistance of the co-decision-maker
This statement of capacity must be completed in the form provided as part of the CDMA application on their MyDSS account.
For further information, please see the resources linked below:
- Assist your client in creating an application to register a CDMA
- Checklist for completing your application to register a co-decision-making agreement
Yes. You must submit the completed application within 5 weeks from the date the appointer and co-decision-maker have signed the appointer and co-decision-maker declarations, as outlined under section 21(2) of the Act.
To calculate the five-week objection period, use the following example: if the appointer and co-decision-maker declarations were signed on Monday, 3 November, the five-week period for submitting the application ends at midnight on Sunday, 7 December.
Note: We cannot progress applications that are made after the five-week deadline.
Any funds held in the name of the relevant person that are due to be transferred on discharge from wardship to the relevant person, must be transferred into a designated account in the name of the relevant person only. Management of the relevant person’s funds should remain through accounts in the name of the relevant person only and not through joint bank accounts. This is to ensure that the money remains in the sole legal ownership of the relevant person and to support the co-decision-maker in meeting their reporting obligations under section 26 of the Act.
The below wording for the management of financial property is provided by way of example and has been acceptable to the banking sector:
“Decisions to establish a designated bank account in the name of the Appointer [to receive the award of funds with court order/high court reference [insert]]
Decisions about the Appointer’s finances, including in the designated bank account(s) specified below in the name of the Appointer, to include management of those finances:
- Bank account X
- Bank account Y
This is to include the setting up of direct debits/standing orders to pay day-to-day utility bills/nursing home fees.
Please see the below CDMA specific resources that will support you in the making of your client’s CDMA application: