If you are unable to make certain decisions, the court can give you a decision-making representative to make those decisions on your behalf. The court will usually appoint someone you know and trust in this role. However, if that is not possible, the court can select someone suitable from our panel of trained experts.
The decision-making representative can only make decisions that are written down in the order and must consider your wishes at all times during the decision-making process. If the decision-making representative is from our panel of trained experts, they will be paid for their work. This payment may be taken from your estate.
The court can appoint more than one person to act as a decision-making representative. The court decides whether the decision-making representatives must make decisions together or individually.
The decisions included in a decision-making representation order are kept under review by the court.
Applying for a decision-making representation order
If you are unable to make certain decisions for yourself, you or someone who has a genuine interest in your welfare, will be able to ask the court to make a decision-making representation order.
If the court agrees that you are not able to make certain decisions for yourself, it can give you one or more decision-making representatives to make those decisions on your behalf.
How to find out if someone has a decision-making representation order?
When the court makes a decision-making representation order, it must notify us and send us a copy.
We will keep a register of decision-making representation orders. If they have a good reason to do so, certain people and organisations will be able to search the register, for example, banks, lawyers and doctors. They will also be able to request a certified copy of the decision-making representation order.
We will keep a record of anyone who searches the register or receives a certified copy of a decision-making representative order.
Monitoring a decision-making representation order
The court will check that the arrangement is working the way it should on an ongoing basis.
We will also monitor decisions made by the decision-making representative. The decision-making representative must submit a written report to us every year. Each report must include any details of financial matters, costs and expenses related to the decisions included in the order.
If the decisions relate to your property and affairs, the decision-making representative must submit a list of your assets, liabilities, income and expenses so that we can monitor these.
You can read more about how we supervise and monitor decision-making representatives, here.
Ending a decision-making representation order
A decision-making representation order may end if:
- The court decides to end the order following an application by you, your decision-making representative or any other person with a genuine interest in your welfare.
- The court decides that you have regained capacity.
- Your decision-making representative is unwilling or unable to continue in their role.
- The period of time that the decision-making representation order covers has passed.
Changing a decision-making representation order
Only the court can change a decision-making representation order. The court may decide to change a decision-making representation order following an application to the court by you, your decision-making representative or any other person with a genuine interest in your welfare.
What does it cost?
There is a fee to make an application to the court. If you want a lawyer to help you in court, you will have to pay for their services.
You may be entitled to legal aid, based on your income, assets and dependents. If you are entitled to legal aid, your legal aid will cover the costs of your lawyer and of the court application. However, you may have to pay some of it back.
Find out more about fees and legal aid on our resources page.