Decision-Making Representative in Ireland: How to Apply
General legal information for Ireland. Last updated 15 September 2026.
When a parent, partner or sibling can no longer manage their money, their care or their home, and there is no enduring power of attorney in place, families in Ireland are often told they need a “decision-making representative”. This guide explains what a decision-making representative is, who can apply, what the Circuit Court application involves, what it costs, and the alternatives you must rule out first.
What is a decision-making representative?
A decision-making representative (DMR) is a person appointed by the Circuit Court under the Assisted Decision-Making (Capacity) Act 2015 to make specific decisions on behalf of an adult who lacks the capacity to make those decisions, even with support. The Act has been fully in force since 26 April 2023 and replaced the old wards of court system for new cases.
The appointment is made by a decision-making representation order. The order lists exactly which decisions the DMR may make. Typically these fall into two areas:
- Property and affairs: managing bank accounts, paying bills, dealing with a pension, selling or letting a property, applying for the Fair Deal scheme.
- Personal welfare: decisions about where the person lives, their care arrangements and, in some cases, healthcare.
A DMR can only act within the order. If the order covers finances only, the DMR has no authority over care decisions. The court can appoint different people for different types of decision, and every order must be as limited in scope and duration as possible.
Why the court is the last resort
The 2015 Act is built on a presumption of capacity and a “least intrusive” principle. Before applying to court you must be able to show that less restrictive supports have been considered and are not sufficient. The three tiers of support are:
- Decision-making assistance agreement: the person still makes their own decisions but appoints someone to help gather information and communicate. Signed by the person, registered with the Decision Support Service (DSS). See our professionally drafted decision-making assistance agreement.
- Co-decision-making agreement: the person makes decisions jointly with a trusted co-decision-maker. Requires a capacity statement from a doctor or healthcare professional and registration with the DSS. See our co-decision-making agreement service.
- Decision-making representation order: the court-appointed tier, used only where the person cannot make the relevant decisions even with a co-decision-maker.
If the person still has capacity to sign, an enduring power of attorney is almost always the better and cheaper route. A DMR application is for situations where that window has closed.
Who can apply for a decision-making representation order?
The following people can apply to the Circuit Court without first seeking permission:
- the person themselves;
- their spouse, civil partner or cohabitant;
- their adult child;
- an existing decision supporter (for example, a decision-making assistant or co-decision-maker);
- the Decision Support Service.
Anyone else with a genuine interest in the person’s welfare, such as a sibling, parent, niece or close friend, can apply but must first obtain the leave (permission) of the court. This is done by a separate short application supported by an affidavit.
How the Circuit Court application works
Step 1: Medical and functional evidence
The application must be grounded on a report from a doctor or another suitable healthcare professional addressing the person’s capacity in relation to the specific decisions in question. Capacity under the Act is decision-specific and time-specific, so a general diagnosis of dementia, for example, is not enough on its own.
Step 2: The Capacity Application (Form 55A) and affidavit
The applicant files an originating Capacity Application in the Circuit Court for the area where the person lives. It sets out who is applying, their relationship to the person, why the application benefits the person, why less intrusive options are not suitable, any existing decision-support arrangements and, where possible, the proposed DMR. It is supported by a sworn affidavit and the capacity report.
Step 3: Notice to the people entitled to know
The application must be served on the person it concerns and notified to their spouse or partner, adult children and any existing decision supporter. The person is entitled to their own legal representation and may qualify for civil legal aid through the Legal Aid Board. The court can also appoint a court friend to help them participate.
Step 4: The hearing
The court first decides whether to make a declaration that the person lacks capacity for the specified decisions. Only then does it decide whether to appoint a DMR, who that should be, and what powers they will have. If no suitable family member is available, or the estate is complex, the court can appoint an independent professional from the DSS panel, whose fees may be paid from the person’s estate.
Step 5: After the order
The order is sent to the DSS and placed on its register, which banks, solicitors and doctors can search. The DMR must file a written report with the DSS at least once a year, including a schedule of assets, liabilities, income and expenditure where finances are covered. The court reviews the order periodically and can vary or end it if the person’s capacity changes.
What does a DMR application cost?
The Courts Service fee for filing a Capacity Application is currently €130, with a further €15 stamp fee for the supporting affidavit; additional fees can arise for further affidavits or motions. On top of court fees you should budget for the medical or capacity report and for legal costs. Our set-price decision-making representation application is solicitor-handled not currently available, so you know the cost before you start. If you are unsure which tier is appropriate, a capacity and ADMCA advice consultation is a sensible first step.
Decisions a DMR can never make
Certain personal decisions are excluded by section 138 of the Act and can never be delegated to a DMR, including consent to marriage or civil partnership, consent to sexual relations, voting, and acting as guardian of a child. Certain healthcare and treatment decisions are also subject to specific limits.
Wards of court: the transition is nearly complete
Since April 2023 no new adult can be made a ward of court. Existing wards were to be reviewed and discharged into the new system by 26 April 2026. The Assisted Decision-Making (Capacity) (Amendment) Act 2026, enacted on 31 March 2026, allows the High Court to extend individual cases where good reason is shown, but sets an absolute outer limit of 25 October 2027.
Frequently asked questions
What is a decision making representative in Ireland?
A decision-making representative is someone appointed by the Circuit Court to make specific decisions, usually about finances or personal welfare, for an adult who cannot make those decisions even with support. The scope is set by the court order and supervised by the Decision Support Service.
How long does a decision-making representation order take?
Timelines vary by Circuit and by how quickly medical evidence and consents are obtained. Straightforward applications with a willing family DMR are typically faster; contested or complex estates take longer. An interim order can be sought where an urgent decision cannot wait.
Is a co-decision-making agreement better than a court order?
If the person can still understand and weigh decisions with support, a co-decision-making agreement keeps them in control, avoids court and is far cheaper. The court expects applicants to have ruled it out before seeking a DMR order.
Need help with a capacity application?
Your solicitor handles decision-making representation applications, co-decision-making agreements and enduring powers of attorney on a set-price basis nationwide. Browse our capacity and decision-support services or read our guide to a consultation with a solicitor of your choice to discuss the right option for your family.
This article is general information about Irish law as at the date above and is not legal advice. Every situation is different; please read our guide to a consultation with a solicitor of your choice before acting.
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