What a DMR is
A decision-making representative (DMR) is appointed by the Circuit Court to make specified decisions on behalf of a person found unable to make them even with support. Unlike the old wardship committee, a DMR's authority is a list, not a blank cheque: the order names the personal welfare and/or property and affairs decisions covered, and everything outside the list stays with the person. Orders are framed to be as narrow and as short as the situation allows, consistent with the Act's guiding principles.
Who gets appointed
Usually a family member the court is satisfied is suitable — willing, able, without conflicts that matter, and likely to honour the person's will and preferences. Where no suitable family member or friend exists (or the family conflict is the problem), the court can appoint from the DSS panel of trained representatives. Two DMRs can be appointed — jointly or for different decisions — which is sometimes the honest answer to sibling tension, and sometimes a recipe for more of it; we advise frankly on which.
What the role involves
- Acting within the order — and returning to court if needed powers are missing
- The guiding principles as a job description: participation, will and preferences, least restriction
- Keeping proper records; for property decisions, accounts
- Reporting to the DSS on a set schedule, with the visitor system and complaints process behind it
- Duration and review: orders are kept under review and can be varied or discharged as circumstances change
Getting an order
The application route — evidence on the functional test, notice parties, the hearing, and what the court can order — is covered step by step in applying to be a DMR, and the wider court machinery in capacity applications. This is the core of what we do: preparing applications that give the court what it needs 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
Is a DMR the same as the old wardship committee?
No. A committee controlled a ward's affairs globally under High Court supervision; a DMR holds only the decisions listed in a Circuit Court order, must follow the will-and-preferences principles, reports to the DSS, and the order itself is reviewed. It is substituted decision-making, but bounded and supervised.
Can a DMR be paid?
Family DMRs generally act without remuneration, though expenses properly incurred are recoverable; panel DMRs are remunerated under the DSS scheme. The court's order and the Act's rules govern — a DMR helping themselves to the person's funds beyond that is exactly what the supervision system exists to catch.
How long does a DMR order last?
Orders are intended to be proportionate in duration and are kept under review — the court can vary or discharge them as capacity or circumstances change, and they end on the person's death (when the estate machinery takes over). 'As short as genuinely needed' is the design.
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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