What is a DMR?
The Ward of Court system has now been replaced by the decision-making representative. It is an entirely new system but a similar type of concept. For somebody who has lost their capacity, and they do not have in place any legal arrangements, such as an Enduring Power of Attorney and legal affairs need to be organised, then the only option is to appoint on their behalf a Decision Making Representative or a DMR. The DMR acts in the same way as the committee did under the Wards of Courts procedure. However, under the new procedure, the DMR is appointed by the Circuit Court and not by the High Court. The DMR steps into the shoes of the person who has lacked capacity. They can make decisions for them relating to their property and affairs and also in respect of personal welfare. They can do anything that the person would have done themselves. However, under the new system one has to be very specific about the types of activity you wish a DMR to conduct. Therefore, you must specify in your order the types of activities that the DMR will do on behalf of the person who has lacked capacity.
Who can be a DMR?
Further, there are set rules set out in legislation as to whom may be a DMR. These could be the spouse of the person or a cohabitant or their child. If the person has not in place a decision-making assistant or a co-decision maker, then these could also act a DMR. If there is no person who would be suitable to act as a DMR then an application will have to be made to Court allowing somebody to be appointed as a DMR. This would somebody who has a bona fide interest in the welfare of the person in question. This is known as an ex-parte application prior to making the main application.
The Procedure for the appointment of a DMR
To make the main application for appointment of a DMR you must have a medical certificate certifying that the person lacks capacity. Further, somebody must represent the person who lacks capacity. This could well by an advocate or some other Solicitor. It tends to be an additional Solicitor that would act on behalf of this person so that their voice could be heard. Documents will be served on the person who lacks capacity, and they will be informed of the procedure. However, it is generally the case as that those persons do not have legal capacity, they do not fully understand what is happening with respect to their affairs. There are protections in place to prevent unscrupulous people making applications, and in particular relatives must be notified of the application to have a DMR appointed.
Restrictions on those who may be a DMR
There are persons who are restricted from acting as a DMR such as somebody who may be convicted of an offence in relation to that person, or somebody who is an undischarged bankrupt. Further, you could be disqualified from acting if your convicted of an offence in relation to the person who lost capacity or that you have Barring Order put in place against you.
Obligations of those who are appointed as DMRs
Once appointed the register of DMRs is established and the DMR must provide, within 12 months after being appointed, a report setting out the assets and liabilities of the person who lacks capacity. The DMR must keep proper accounts in connection with the relevant person’s property and affairs.