If you are unable to make certain decisions on your own, you can make a co-decision-making agreement. This agreement lets you choose someone you know and trust such as a friend or family member as a co-decision-maker. Your co-decision-maker will make certain decisions jointly with you. They will help you to gather information and explain it to you in a way that you understand. They will help you to weigh up your options so that you can make certain decisions together. They can also support you to let other people know about the decision you have made together.
Making a co-decision-making agreement
You can appoint a co-decision-maker by making a co-decision-making agreement. The agreement must be in writing and must be signed by you and your co-decision-maker. The agreement needs to be witnessed by two other people. It must contain details of the decisions that you and your co-decision-maker will make together. We have a form that you can use to write down your agreement.
How to find out if someone has a co-decision-making agreement?
We maintain a register of co-decision-making agreements. Certain people and organisations can apply to search the register if they have a good reason to do so. This might include banks, lawyers and doctors. It could also include family members and carers. We can also issue a certified copy of a co-decision-making agreement, which confirms that the agreement exists.
Objecting to a co-decision-making agreement
When you and your co-decision-maker apply to register a co-decision-making agreement, you must tell certain people such as your spouse/civil partner and adult children. These people are called your notice parties. You must also give them a copy of the agreement. Any of those people have five weeks to challenge the registration of the agreement. This is called objecting to the agreement. There are specific reasons they can make an objection.
When we receive an objection, we will review it. If we believe there are good grounds for the objection, we may decide that the co-decision-making agreement should not be registered.
Monitoring a co-decision-making agreement
We monitor each registered co-decision-making agreement to ensure it is working the way that it should. This includes checking that you continue to understand the agreement and that it is still in line with your will and preference.
We supervise the activities of your co-decision-maker. The co-decision-maker must send a written report to us every year. These reports must include details of financial matters, costs and expenses related to the agreement.
We can send someone to talk to you or your co-decision-maker. For example, we can send a general visitor or special visitor if we receive a complaint or want to check that the agreement is working the way that it should.
Ending a co-decision-making agreement
You or your co-decision-maker can cancel all or part of the co-decision-making agreement at any time, either before or after it is registered with us. Cancelling your co-decision-making agreement is called revoking the agreement.
If the agreement is cancelled after it is registered, it must be cancelled in writing. It must also be signed by two witnesses and the person who is cancelling it must notify us. We will remove all or part of the agreement from the register.
Changing a co-decision-making agreement
You can change a co-decision-making agreement once it has been registered with us for more than six months. After that, you can change it once every year. Both you and your co-decision maker must agree to this. Changing your co-decision-making agreement is called varying the agreement.
If you wish to make minor changes, such as a change of address, you can notify us of the changes. If you wish to make a change to the agreement, this must go through most of the same steps as registering a new one.
What does it cost?
There is a fee to register or vary a co-decision-making agreement with us. Some people may not have to pay a fee. This will depend on your individual circumstances, including your income and your dependents. The fee for registering or varying a co-decision-making agreement is €90.
You may also have to pay your doctor or another healthcare professional to get a capacity assessment for the agreement.