Co-Decision-Making Agreement Ireland: When Your Parent Needs a Partner, Not a Substitute
Co-Decision-Making Agreement Ireland: When Your Parent Needs a Partner, Not a Substitute
Your parent is struggling with certain decisions — managing a pension, handling property tax, weighing up care options — but they are not incapacitated. They still understand what is going on. They just need someone trustworthy to make these decisions with them, not for them.
This is exactly what the Co-Decision-Making Agreement (CDMA) was designed for under the Assisted Decision-Making (Capacity) Act 2015. It sits at Tier 2 of the decision support framework — more authority than a simple assistance agreement, but far less drastic than a court-ordered representative.
How a CDMA Works
A co-decision-making agreement is a formal arrangement where your parent (the "appointer") and a trusted person (the "co-decision-maker") agree to make specific decisions jointly. Neither party can act alone on the matters covered by the agreement.
This is the key distinction: unlike an EPA (where the attorney can act independently once activated), a CDMA requires both parties to agree on every covered decision. If you are the co-decision-maker, you cannot sell your parent's car or change their bank standing orders without their active participation and consent.
The agreement must specify exactly which decisions it covers. These can include:
- Property and financial affairs — managing bank accounts, paying bills, handling investments
- Personal welfare — decisions about living arrangements, social activities, daily routines
Healthcare treatment decisions are excluded, just as they are with EPAs. Those require a separate Advance Healthcare Directive.
Who Can Be a Co-Decision-Maker
The co-decision-maker must be someone your parent trusts and who is not disqualified under the Act. The main disqualifications are:
- Anyone convicted of fraud, dishonesty, or an offence against the appointer
- Anyone who is bankrupt or insolvent
- The owner or employee of a nursing home where the appointer lives (unless they are a close relative)
Only one person can be appointed as the co-decision-maker under a single agreement. If your parent wants different people handling different areas, they would need separate agreements for each.
The Registration Process
A CDMA must be registered with the Decision Support Service (DSS) to take legal effect. The process:
- Both parties create verified MyDSS accounts — the same portal used for EPAs, with the same MyGovID verification requirement (or the manual IDVF alternative for those without smartphones)
- The agreement is drafted and signed — specifying the exact decisions covered
- A medical assessment is obtained — a healthcare professional must assess the appointer's capacity and confirm that it is impaired to the point where joint decision-making is appropriate
- The agreement is submitted to the DSS with the €90 registration fee
- The DSS reviews and registers the agreement
Once registered, the co-decision-maker is legally recognised and can present the agreement to banks, government agencies, and other institutions.
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Ongoing Obligations
This is where CDMAs differ significantly from less formal arrangements. The co-decision-maker must submit joint annual reports to the DSS detailing:
- Major decisions made during the year
- Financial transactions conducted under the agreement
- Any changes in the appointer's circumstances or capacity
These reports are not optional. The DSS actively monitors compliance, and failure to report can trigger an investigation. This oversight is designed to prevent financial exploitation — a real concern when managing a vulnerable person's affairs.
When a CDMA Is the Right Choice
A CDMA fills a specific gap in the decision support framework. It is appropriate when:
- Your parent's capacity is declining but they can still participate meaningfully in decisions
- They do not want to give up all control (as they would under an activated EPA)
- The family wants a formal, legally recognised arrangement rather than informal help
- The decisions at stake are significant enough to warrant legal protection
It is not the right tool if your parent has already lost the capacity to participate in joint decision-making. At that point, the options are either an EPA (if one was registered earlier) or a court-ordered Decision-Making Representative.
How It Fits with an EPA
Many families set up both a CDMA for the present and an EPA for the future. The CDMA handles today's joint decisions while your parent can still participate. The EPA sits dormant, ready to be activated if capacity declines further and independent decision-making authority becomes necessary.
The Enduring Power of Attorney and Decision Support Guide for Ireland covers all five tiers of the decision support framework, including how to determine which arrangement fits your parent's current level of capacity and how to transition between arrangements as their needs change.
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