Joint decisions, genuinely joint
A co-decision-making agreement is for the person who can no longer safely decide alone but can decide with someone — understanding shared, options weighed together, and the decision made jointly. The co-decision-maker must be someone the person knows and trusts — typically a relative or close friend of long standing. Neither can act without the other on the decisions covered: it is a partnership, not a takeover, and it's the tier the guiding principles point to when assistance isn't quite enough.
How it's made and registered
- Made in the prescribed form, specifying exactly which personal welfare and/or property and affairs decisions it covers
- Signed by both, witnessed, with the required statements — including that the person understands the agreement and wants the co-decision-maker to act
- Registered with the Decision Support Service — the DSS reviews the application, notice is given to specified people (close family among them) who may object, and the agreement takes effect on registration
- Ongoing obligations follow: the co-decision-maker reports to the DSS, and agreements are subject to periodic review
The co-decision-maker's duties
Advance the person's will and preferences; share all relevant information; acquiesce in the person's wishes wherever reasonably practicable (a co-decision-maker is not entitled to veto a reasonable decision); keep proper records and accounts for property decisions; and stay within the agreement's scope. A co-decision-maker who overrides rather than collaborates is doing a different job — badly, and visibly, since the DSS supervises.
Where families misjudge this tier
Two ways. Some reach for a court order when co-decision-making would have done — slower, dearer, more restrictive than needed. Others stretch co-decision-making past its honest limit, signing "jointly" for a parent who is no longer truly participating — which protects nobody and unravels precisely when the stakes are highest. The boundary is the functional test with support: genuinely shared decisions, co-decision-making; decisions the person cannot make even jointly, the DMR route. We help families judge that line honestly — and put the right structure in place first time.
How our fees work
You get a fixed quote in writing before any work starts — no hourly-rate surprises. If the scope changes, the quote is revised in writing before we continue. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. How costs work in capacity matters →
Frequently asked questions
Who can be a co-decision-maker?
A person over 18 who knows the appointer well — a relative or friend of long standing is the model — and who isn't disqualified (for example by certain convictions, bankruptcy for property decisions, or being an owner/registered provider of a nursing home where the person lives, among other exclusions).
Can a co-decision-making agreement cover selling a house?
Property and affairs decisions can be included, but certain significant transactions attract additional requirements, and institutions dealing with land will scrutinise authority closely. If a sale is the immediate purpose, take advice on whether this tier or a court-approved route fits — see property and capacity.
What does registration with the DSS involve?
An application in the prescribed form with the required statements and notices. Specified people — close family among them — receive notice and can object on defined grounds within the objection window. Once registered, the agreement is on the DSS register and the reporting obligations begin.
What happens if capacity declines further?
If the person can no longer make the relevant decisions even jointly, the co-decision-making agreement can't simply continue as cover — the arrangement should be reviewed and, where necessary, an application made for a decision-making representation order. Planning for that possibility at the outset is part of doing this properly.
Talk to a solicitor who works with families through capacity law every week. Call Mary Molloy Solicitors today.
Whether you are planning ahead, facing a capacity application, or simply unsure which arrangement your family needs, an early conversation costs little and prevents a lot.
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