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Assisted Decision Making and Capacity Part 5 Applications – The Appointment of a Decision Making Representative (DMR)

Since the new Assisted Decision Making and Capacity act came into force in April 2023, many clients have telephoned confused and struggling to understand the new law. Having made these applications before the Court, we can assist with your queries.

In the Matter of GC — 2023

In a recent case, we acted for the brother of a lady who had no capacity to manage her own affairs. She had an Enduring Power of Attorney however the attorney was her now deceased husband. Her brother had taken up the batton of organizing his sisters affairs but was met with blockades at all junctures. The banks wouldn’t speak with him. He was paying her nursing home care fees, medication etc. as he didn’t know what to do.

We believed the appointment of a Decision-Making Representative (DMR) was the only way of dealing with the relevant person’s affairs, as she had little or no capacity to make decisions on her own behalf.

THE PROCESS

We explained the process to our client. Our client collected all the necessary documents, in relation to his sisters’ assets and liabilities.

We obtained a capacity report from her treating doctor which confirmed this.

The Court process took place over 3 separate Court dates resulting in the Judge granting final orders – appointing our client as DMR in relation to her personal and welfare decisions and an independent court appointed DMR in relation to her property and financial affairs.

The Independent DMR was given powers in the Court Order to carry out all of the necessary tasks in to ensure the payment of her nursing home fees, to rent out her apartment, and to amalgamate all of her bank accounts into one DMR account.

If you find yourself in a similar situation with a family member and need to be guided through the Court process, please don’t hesitate to get in touch with us.

Lawlor Kiernan LLP