Information for Decision-Making
Representatives
Information
Muriel has been nominated and appointed to a number of individuals as their Decision-Making Representative (DMR). In acting on their behalf, Muriel follows the Guiding Principles, in fact and in spirit, to maximise those individuals’ participation in their own affairs and to minimise any restriction on their freedom of action and autonomy.
The Decision Support Service (DSS) provides guidance and support for Decision-Making Representatives (DMR).
The Act relates to any person who lacks capacity in respect of a matter, or whose capacity may be in question in respect of a specific matter. Part 2 of the Act sets out a number of “Guiding Principles”, principles that apply before and during any intervention in respect of a person whose capacity may be in question. The principles to be adopted include that:
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4.
It shall be presumed that such a person has capacity in respect of the matter concerned unless the contrary is shown in accordance with the Act.
A person shall not be considered unable to make a decision in respect of the matter concerned unless all practicable steps have been taken, without success, to help him or her to do so.
A person shall not be considered as unable to make a decision in respect of the matter concerned merely by reason of making, having made, or being likely to make, an unwise decision.
There shall be no intervention unless it is necessary to do so.
5.
Any intervention shall:
a) minimise any restriction of their rights and freedom of action.
b) have due regard to the need to respect their right to dignity, bodily integrity, privacy, autonomy and control over his or her financial affairs and property,
c) be proportionate to the significance and urgency of the matter; and
d) be as limited in duration in so far as is practicable.
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Any intervenor shall:
A) Permit, encourage and facilitate, in so far as is practicable, the person to participate, or to improve his or her ability to participate, as fully as possible.
b) Give effect, in so far as is practicable, to the past and present will and preferences of the person, in so far as they are reasonably ascertainable,
C) Take into account:
i) their beliefs and values in so far as those beliefs and values are reasonably ascertainable, and
ii) any other factors which the individual would be likely to consider if he or she were able to do so, in so far as those other factors are reasonably ascertainable.
D) Act at all times in good faith and for the benefit of the person.
The intervener shall not attempt to obtain information that is not reasonably required, shall not use relevant information other than in relation to a relevant decision, and shall take reasonable steps to ensure that relevant information:
A) Is kept secure from unauthorised access, use or disclosure
B) Is safely disposed of when he or she believes it is no longer required
Decision-Making Representatives are supervised and overseen by the Decision Support Services, and have a number of obligations, including periodic reporting obligations.
For more information on this, please visit: https://www.decisionsupportservice.ie/