Care Representative – when do you need one & how do you go about it  

What is a Care Representative?

A Care Representative is a person appointed by the Circuit Court to apply for a State loan in relation to the Nursing Homes Support Scheme (also known as Fair Deal) on behalf of someone who lacks the capacity to make certain decisions on their own behalf and to complete the necessary forms.  If the person who lacks the capacity to apply for the State loan on their own behalf did not execute an Enduring Power of Attorney or other such power prior to losing capacity then a Care Representative will have to be appointed.

How is a Care Representative appointed?

An application to the Circuit Court is necessary in order to be appointed as a Care Representative. The application is done by way of Notice of Motion and Grounding Affidavit. Your solicitor can prepare the Notice of Motion and Grounding Affidavit and assist you with completing these documents.

Medical Evidence of Capacity

It is necessary to have two reports in the form prescribed by the Circuit Court from two registered medical practitioners who have examined the person in need of the Care Representative.  This form is known as a Form 4 or Assessment of Capacity Report.

Who can apply to be a Care Representative?

There is an order of entitlement as to who can apply to be appointed, for example :-

• a spouse;
• a child;
• a relative.

Where someone has a greater or equal right as you to be appointed as Care Representative you will have to obtain a letter of consent to your appointment.  Certain people cannot be appointed.

What is next?

The forms are lodged with the Circuit Court – there will be fees payable on lodgement.

A date for hearing of the application will be given.

There are documents which will have to be served on the person who is in need of care –  who will be known as the Respondent.  These documents must be served 14 days prior to the hearing date.  They must be served in person.   One of the documents is a Form 2 or a Reply.  The person in need of care can then object or not to the appointment of the Care Representative.

If the Respondent lacks the capacity to object then you will declare under oath that you served the document personally on the Respondent.  If there is an objection the Reply (or Form 2) must be lodged within 7 days of service.

The day of the Hearing!

The application is heard before the County Registrar of the Circuit Court.  The documents will be checked to see that they are in order and, if so, you will then have to make a declaration under oath in Court regarding service of the documents on the person requiring care.

Once the County Registrar is satisfied that all matters have been attended to properly, then an Order will be made appointing you as a Care Representative.

What does it mean to be appointed as a Care Representative?

Once appointed you can then apply to the HSE for the Nursing Home Loan on behalf of the person in need of care. A copy of the Order will need to be attached to the application.

At Douglas Law Solicitors we provide assistance and advice in relation to the appointment of a Care Representative.  We also advise our clients in relation to all aspects of the Nursing Homes Support Scheme (otherwise known as the Fair Deal scheme).

For more information please contact Teresa O’Sullivan, Solicitor on 021 489 7256 or by email at info@douglaslawsolicitors.ie