Objecting to a co-decision-making agreement
When you apply to register your co-decision-making agreement (CDMA) with us, you must tell certain people such as your spouse, civil partner and adult children, and give them a copy of the agreement. Those people then have five weeks from the date you have given notice to them to object to the registration of the CDMA.
If you and your co-decision-maker apply to vary your CDMA with us, you must also tell the same people who were notified of its registration. Again, those people have five weeks from the date you have given notice to them to object to the variation of the CDMA. This means they are challenging, or formally disagreeing with, something about the arrangement. This could be:
- a concern about the types of decisions included in the arrangement
- the person’s capacity to enter into the arrangement, or
- the suitability of the decision supporter
When we receive an objection, we will review it. If we believe there are good grounds for the objection, we may ask court to decide if the agreement should be registered. There are specific grounds on which an objection can be made.
To make an objection, you must use the forms we give you to tell us about your relationship to the person making the CDMA. You must also tell us your reasons for making the objection and provide any relevant evidence or supporting documentation.
Before you begin
The easiest way to make an objection to the registration or variation of an CDMA is through our online portal, MyDSS. In the portal, you can use a specific form on which you can make your objection.
If you currently do not have a MyDSS account, you can create a basic account at the link MyDSS. You just need an email address to do so.
If you cannot access a computer or set up an account online, that is not a problem. You can get in touch, and we will help you set up your account or find an option that meets your needs.
If you are a notice party (spouse, civil partner or cohabitant, adult children and any other decision supporters), the notice you receive provides instructions on:
- how to make an objection
- the date the objection must be made, and
- the application reference number to quote when making the objection
Before you begin making an objection you should check:
- that you are a person who is allowed to make an objection
- that your objection is for one of the allowed reasons
- that your objection is being made within the five-week time frame
⚠ You must make your objection within five weeks from the date notice was given. To calculate the five-week objection period, use the following example: if the appointer gives notice on Monday, 3 November, the five-week period for making an objection ends at midnight on Sunday, 7 December.
Note: We cannot accept objections that are made after the five-week deadline.
Making an objection – step by step
You must take the following steps to submit your objection to us through our online portal MyDSS:
- Set up an account on MyDSS
- Fill out the objection form
- Upload any relevant evidence and supporting documents
- Pay the objection fee
- Submit the objection
After the five-week objection period has passed, we will review your objection to decide whether it is 'well founded'. ‘Well founded’ means the objection was made for good reasons and is well supported by evidence. We may need to ask you for more information as part of this review.
When we receive an objection, we check that:
- it was made by one of the people who are allowed to make an objection
- it was made within the five-week time frame
- it was made for one of the specific reasons allowed for making an objection.
We then write to the person and their supporter to tell them about the objection. We will ask if they agree with the objection and whether they have any further information they would like to tell us.
We may also talk to other people that we think may have relevant information about the objection.
After we make a decision, we will write to the person making the objection, as well as the person making the CDMA and their co-decision-maker.
Objecting to the registration of an CDMA
This happens at the point the CDMA has been made and the person submits an application to us to register it. Objections may be sent to us for up to five weeks after the date notice was given about the application. After this time, we can no longer receive the objection. If you want to object to a person registering an CDMA, you must provide us with information about one or more of the following reasons:
- the CDMA does not meet required legal requirements
- the CDMA contains a false statement
- the proposed co-decision-maker is not a suitable person to make decisions jointly with the appointer
- fraud, coercion, or undue influence was used to pressure the appointer into making the CDMA
- the appointer does not have capacity (is not able) to enter into the CDMA
- the appointer has capacity and does not require a CDMA
- the CDMA is not in accordance with the appointer’s will and preference
Objecting to the variation of a CDMA
Objections can also be made at the point when an appointer and their co-decision-maker apply to vary the CDMA. This would be considered an objection to the variation of a CDMA. This is a separate application to the registration of a CDMA. If you are objecting to the variation of a CDMA, you must select the option “Variation of a co-decision-making agreement.”
If you want to object to the variation of a CDMA, you must provide us with information about one or more of the following reasons:
- the varied CDMA does not meet required legal requirements
- the varied CDMA contains a false statement
- the proposed co-decision-maker is not a suitable person to make decisions jointly with the appointer
- fraud, coercion, or undue influence was used to pressure the appointer into making the variation to the CDMA
- the appointer does not have capacity (is not able) to vary the CDMA
- the appointer has capacity and does not require the variation to the CDMA
- the varied CDMA is not in accordance with the appointer’s will and preference
Who can make an objection?
Objections to a CDMA can only be made by notice parties.
What if you are not allowed to make an objection?
If you are not a person who is allowed to make an objection, you can still get in touch about any concerns you have about the content of the CDMA or suitability of the supporter. If the arrangement has been registered, you may also be able to make a complaint.
Find out more about how to make a complaint at the link: How to make a complaint
What does it cost?
The fee for making an objection is €12.
How can you appeal a decision about an objection?
If you are not happy about a decision we have made about an objection, you can appeal our decision to court.
An appeal to court must be made within 21 days of you being informed of our decision. The court may agree with our decision or make a direction in relation to the CDMA. This may include a direction that we should not register the CDMA, or that we should not accept the variation of a CDMA.