Decision-making assistants

Peter has a mild intellectual disability, and his brother Michael is his decision-making assistant for property and affairs decisions. Before Michael became his decision-making assistant, Peter signed a mobile phone contract. Over the course of three months, he accrued over €500 of debt due to exceeding the data usage of his plan. Peter ignores the initial payment notices and after his phone is disconnected, he asks Michael to assist him in deciding what to do and in dealing with the mobile phone company.

Michael contacts the phone company to clarify the situation. He explains that he is Peter’s decision-making assistant and that a decision-making assistance agreement is in place giving him authority to access, obtain, and provide information about Peter’s mobile phone contract. Michael makes an appointment for Peter and himself to meet with a representative at the mobile network local store. Michael brings a copy of the decision-making assistance agreement to the meeting.

At the meeting, the phone company representative, Ms Smith, offers Peter a payment plan to assist him to pay off his debt over a period of time. She also agrees to terminate the mobile phone contract. Michael asks Ms Smith what other options are available. She says that two other options are available and gives them information about each. Michael suggests that they discuss the options at home so that Peter has time to consider each option. Peter agrees with this, and they arrange to return to the store the following week.

Before the next meeting, Michael assists Peter to understand all three payment options and the pros and cons of each. Peter decides that the second option is best for him as he can pay back a small amount each month over a year. Peter and Michael also discuss whether a mobile phone contract or a pay-as-you-go phone is the best option for Peter. Michael explains the pros and cons of each. Based on his recent experience, Peter says he prefers the pay-as-you go option as he does not want to get into debt again, or have his phone cut off.

When they meet with Ms Smith the following week, Peter tells her that he has decided that the second option for repaying his debt suits him best. She asks him to sign a form to implement that decision. Before Peter signs it, Michael reviews the form and explains to Peter what it means and what the obligations are. Peter says that he understands and agrees these obligations and then signs the form. Peter then tells Ms Smith that he would like a pay-as-you go phone.

Comment: This vignette shows how a decision-making assistant can help the relevant person to understand the situation they are in, communicate their will and preferences to the phone company, and obtain important information, as described in section 14(1) of the Assisted Decision-Making (Capacity) Act 2015and the code of practice for decision-making assistants. It also shows how the decision-making assistant can help the relevant person to understand their options, which resulted in the relevant person making his own decisions about paying off a debt and changing his mobile phone.