Capacity Law

The current law around capacity is undergoing great change with the introduction of the Assisted-Decision (Capacity) Making Act 2015. This long awaited legislation has been delayed in its commencement and it is now envisaged that it will commence fully by the end of 2022.

Services Offered

Until the Act is fully commenced, our services will continue to include:

  • Wards of Court Applications
  • Enduring Power of Attorneys

When the new Assisted-Decision (Capacity) Making Act 2015 fully commences, our services will include:

  • Discharge Applications from Wardship
  • Co-Decision Making Agreements
  • Advanced Healthcare Directives
  • Enduring Power of Attorney (incl. Healthcare decisions)

Discharge from Wardship

Once the new legislation commences the following shall apply:

  • There will be a period of 3 years to discharge all existing wards of court.
  • In order to perfect a discharge an application must be made to the Circuit Court and an up to date medical assessment must be carried out.
  • Applications for discharge will only be listed before the Court when all the correct paperwork is received, this will allow the application be dealt with in one Court sitting.
  • Funds will be paid out of court to the person directly and in accordance with directions of the Court.

Decision Support Service

Once the relevant person has been discharged from wardship, the Court will determine whether any of the following may apply to assist ongoing decision making:

  1. Decision Making Assistant
  2. Co-Decision Making Assistant
  3. Decision Making Representative

If either 2 or 3 above applies, it will be necessary to register an Agreement with the newly formed Decision Support Service (DSS).  Further information and support can be found on their website www.decisionsupportservice.ie

Our team will be happy to assist with any queries or applications to discharge a relevant person from wardship and provide support to existing committees through the new process.  Alternatively, we can assist with the drafting of Co-Decision Making Agreements and the registration of such agreements with the DSS.

If you wish to discuss any of the above, please contact [email protected] or 01 524 1054.