Assisted Decision-Making Solicitor
Legal advice for individuals and families when decision-making support is needed
When someone you care about is finding it difficult or is no longer able to make certain decisions independently, understanding what to do next can feel complicated.
Shannons Solicitors provides clear, practical advice on Assisted Decision-Making, capacity applications and Decision-Making Representative applications from our office in Swords, helping individuals and families throughout North County Dublin and beyond.
We'll explain the different levels of support available, help identify which arrangement may be appropriate and guide you through the legal process.
What Is Assisted Decision-Making?
The Assisted Decision-Making (Capacity) Act 2015 provides a legal framework to support people who may have difficulty making certain decisions for themselves.
Rather than treating capacity as an all-or-nothing issue, the system recognises that a person may need different levels of assistance depending on the particular decision being made.
These decisions may relate to matters such as:
Finances and bank accounts
Property
Accommodation
Healthcare
Personal welfare
Employment
Social supports
Other important personal or financial matters
The aim is to provide the appropriate level of support while respecting the person's wishes, rights and autonomy.
What Types of Decision-Making Support Are Available?
There are different legal arrangements depending on the level of support required.
Decision-Making Assistance Agreement
A person who can make their own decisions but needs help obtaining information, understanding it or communicating their decision may appoint a Decision-Making Assistant.
The person continues to make the final decision themselves.
Co-Decision-Making Agreement
Where a person requires greater support, they may appoint a Co-Decision-Maker to make specified decisions jointly with them.
The agreement identifies the particular decisions for which support is required.
Decision-Making Representation Order
Where a person is unable to make certain decisions even with assistance, an application can be made to the Circuit Court for a Decision-Making Representation Order.
The Court may appoint a Decision-Making Representative to make specified decisions on the person's behalf.
Decision-Making Representative Applications
Shannons Solicitors can assist families with applications to the Circuit Court for the appointment of a Decision-Making Representative.
A representative may be required to deal with matters such as:
Managing bank accounts and finances
Paying bills and expenses
Managing property
Selling a house or other property
Accommodation decisions
Certain healthcare and personal welfare decisions
Nursing home and Fair Deal matters
The powers of a Decision-Making Representative are determined by the Court and relate to the specific decisions set out in the order.
We can advise you on the application, prepare the necessary legal documentation and guide you through the court process.
Capacity Applications
Capacity under the Assisted Decision-Making framework relates to a person's ability to make a specific decision at a particular time.
This means a person may be capable of making some decisions independently while requiring assistance with others.
If you are concerned that a parent, spouse, relative or another person can no longer manage certain aspects of their affairs, speak to us before assuming what type of legal arrangement is required.
We'll help you understand the options and determine the appropriate next step.
Assisted Decision-Making and the Fair Deal Scheme
Decision-making issues can arise when a family is arranging nursing home care for someone who is unable to manage their own financial affairs.
This can become particularly important where an application for the Nursing Home Support Scheme (Fair Deal) or Nursing Home Loan needs to be made.
Where the person does not have the capacity to deal with the relevant decisions themselves and there is no appropriate existing authority, an application for a Decision-Making Representative may be required.
Shannons Solicitors can advise families on the legal process and assist with the necessary application.
Enduring Power of Attorney or Decision-Making Representative?
These are different legal arrangements.
An Enduring Power of Attorney (EPA) is made in advance by a person while they have the required decision-making capacity. It allows them to choose someone they trust to make specified decisions if they lose capacity in the future.
A Decision-Making Representative may be appointed by the Court where a person currently lacks capacity to make particular decisions and the required support cannot be provided through a less restrictive arrangement.
If you're unsure which applies to your circumstances, we can review the situation and explain your options.
Former Wards of Court
The Assisted Decision-Making legislation replaced the previous wardship system for new cases and introduced a process for reviewing existing wards of court.
A former ward may no longer require decision-making support or may move to one of the newer arrangements, depending on their individual circumstances and capacity.
Shannons Solicitors can advise former wards, family members, Committees and other interested parties on the legal process and appropriate decision-making arrangements.
How Shannons Solicitors Can Help
We can assist with:
Assisted Decision-Making advice
Capacity applications
Decision-Making Representative applications
Circuit Court applications
Co-Decision-Making Agreements
Decision-Making Assistance Agreements
Enduring Powers of Attorney
Advance Healthcare Directives
Fair Deal and Nursing Home Loan-related applications
Former Ward of Court matters
Property and financial decisions involving a person who lacks capacity
Assisted Decision-Making Solicitors in Swords
Shannons Solicitors has been providing legal advice to individuals and families from our office on Main Street, Swords for decades.
We regularly assist clients from Swords and throughout North County Dublin, including Malahide, Portmarnock, Howth, Dublin Airport and surrounding areas.
We understand that families seeking advice about capacity are often doing so at an already difficult or stressful time. Our approach is to make the legal process as clear and manageable as possible.
Frequently Asked Questions
What is Assisted Decision-Making?
Assisted Decision-Making is a legal framework providing different levels of support to people who may have difficulty making particular decisions. The appropriate arrangement depends on the individual's circumstances and the decisions for which support is required.
What is a Decision-Making Representative?
A Decision-Making Representative is appointed by the Court to make specified decisions on behalf of a person who is unable to make those decisions themselves, even with assistance.
Who can apply for a Decision-Making Representative?
An application can be made to the Circuit Court where there is a concern about a person's capacity to make particular decisions. We can advise you on whether an application may be appropriate and who can make it.
Can a Decision-Making Representative manage money or property?
A Court order may give a Decision-Making Representative authority to deal with specified financial or property matters. The representative can only exercise the powers provided by the Court.
Can a Decision-Making Representative sell a house?
Depending on the circumstances, authority may be sought to deal with or sell property. The exact powers required need to be addressed as part of the Court process.
What is the difference between an EPA and a Decision-Making Representative?
An EPA is created by a person in advance while they have capacity. A Decision-Making Representative is appointed by the Court where a person requires a higher level of support with particular decisions.
Need Help With an Assisted Decision-Making or Capacity Application?
You don't need to work out which legal arrangement is required before contacting us.
Tell us about your circumstances and we'll explain the options, what needs to happen and how we can help.