Acting as a Decision Making Representative and your PII

14/06/2022

Acting as Decision Making Representative should be covered under existing minimum terms and conditions for solicitors’ professional indemnity insurance (PII).

pii decision making representative

With the imminent commencement of the Assisted Decision Making (Capacity) Act 2015, a number of practitioners have enquired about whether their PII covers acting as a Decision Making Representative under the Assisted Decision Making (Capacity) Act 2015 (DMR).

Following an in-depth review, it is the view of the Law Society that acting as a DMR under the Act does properly fall under the definition of ‘legal services’ for solicitors’ professional indemnity insurance, and so should be covered under existing minimum terms and conditions.

The definition of ‘legal services’ under the minimum terms and conditions is sufficiently broad to incorporate the provision of legal services as a DMR within the meaning of the 2015 Act by a solicitor in the course of practise as a solicitor. Acting as a DMR would be considered services of a legal nature as solicitors are being appointed to the panel on the basis of their legal expertise, and on the grounds that they are regulated by the Society as an appropriate regulatory body. The role of DMR is analogous to other roles listed in the non-exhaustive list of services under the definition of legal services in the minimum terms and conditions.