Appointment of a Decision Making Representative in Dublin, Ireland
Blanchardstown, Castleknock, 27 Upper Mount Street, Dublin City Centre
Appointment of a Decision Making Representative in Dublin, Ireland
If someone close to you has lost capacity it is difficult to know where to turn.
In April 2023 the long-awaited implementation of the Assisted Decision Making (Capacity) Act, 2015 came into force, bringing with it a range of new terms and processes precisely to help address such as situation.
Wardship is still in existence but in a much more limited way than previously and over the forthcoming years existing Wards will be discharged from Wardship and reviewed in line with the Assisted Decision Making (Capacity) Act, 2015 .
The previous system of Care Representative applications is now defunct and to access Fairdeal (the Nursing Home Support Scheme) a Capacity Application will now generally be the way forward and all applications are made under Part 5 of the Assisted Decision Making (Capacity) Act, 2015. For a Fairdeal application to be completed for a person who no longer has capacity, a Capacity Application is made to the Circuit Court for the appointment of a Decision Making Representative.
Carmody Moran Solicitors LLP are experts in the area of mental health law and capacity law, and the new law extends the protection and options available to vulnerable adults and to those with capacity issues, and who are currently wards of court.
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Carmody Moran Solicitors provide legal advice and services in relation to the Assisted Decision Making (Capacity) Act, 2015 including in relation to:
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- Enduring Powers of Attorney
- Capacity Applications for a declaration as to capacity, a decision-making Order, or the appointment of a Decision Making Representative (“DMR”) Order.
- The Discharge of existing wards of the court from Wardship.
At Carmody Moran Solicitors LLP our specialist Solicitors advise and act in Wardship matters, Mental Health and Capacity issues, Property law & Conveyancing , Wills, Probate and estate and future legal life planning. Carmody Moran Solicitors offers a range of legal services and is fully supported by an excellent administrative and accounting support team in the office.
To arrange an appointment or for questions or clarifications, please telephone us at 018272888 or contact us by email at [email protected] . We look forward to hearing from you.
Frequently Asked Questions about Appointment of a Decision Making Representative in Dublin, Ireland
My father / mother has lost capacity, I have been advised that we need to apply for Fairdeal, what do I do?
All applications are made under Part 5 of the Assisted Decision Making (Capacity) Act, 2015. The application will be required in order for the appointed Decision Making Representative to complete the charging order to complete the Nursing Home Support Loan.
Who can make a Capacity Application?
The following people can make a Capacity Application without first requiring the consent of the court to make a Capacity Application:
- the Relevant Person
- the Director of the Decision Support Service
- the Relevant Person’s spouse or civil partner or co-habitant
- the Relevant Person’s adult child
- An existing decision supporter for the Relevant Person (a decision-making assistant, co-decision-maker, attorney or a designated healthcare representative)
- a person specified for that purpose in an existing order of the court under this Part where the application relates to that order
- if the application relates, whether in whole or in part, to the Relevant Person’s capacity to make a decision to consent to being married or to being in a civil partnership –
- a registrar within the meaning of section 17 of the Civil Registration Act 2004 , or
- the other party to the proposed marriage or civil partnership (if any), as the case may be, of the Relevant Person
If you are not in one of the designated categories above, then you can still apply for a Capacity Application, but you must first make an ex parte (one sided) application for the consent of the Court to bring a Capacity Application.
Ministerial regulations may also list further persons or bodies who can make an application to the court for a declaration about a person’s capacity without needing to get the Court’s permission first.
My adult child does not have capacity to make decisions around their care and welfare nor to manage their property and finances, what can I do?
Presuming this to be an enduring situation a Capacity Application to the Circuit Court to appoint a Decision Making Representative will be required. If you are not one of the persons eligible under the Act to bring such an application, and a parent is not such a designated category currently, you may need to bring an ex parte application to the Court for leave to bring the application.
All applications are made under Part 5 of the Assisted Decision Making (Capacity) Act, 2015. For an appointed Decision Making Representative to undertake any task, they must have from the Court the specific powers that they wish to undertake on behalf of the Relevant Person. If you do not specifically seek authority from the Court to undertake a specific action, you will not have that authority, even if appointed as the Decision Making Representative. As such we will review your case with you at the outset and what matters need to be addressed and the best pathway forward.
What if there is no one available to act as Decision Making Representative?
If there is no one suitable or available to act as Decision Making Representative, the Court can nominate one or more persons from the panel maintained by the Decision Support Service to be the appointed Decision Making Representative.
At Carmody Moran Solicitors LLP of our Solicitors are registered with the Law Society of Ireland and are experienced legal advocates. Our specialist Solicitors advise and act in Wardship matters, Mental Health and Capacity issues, Property law, Wills, Probate and estate and future legal life planning. Carmody Moran Solicitors offers a range of legal services and is fully supported by an excellent administrative and accounting support team in office.
For questions or clarifications, please telephone us on 018272888 or contact us by email at [email protected] . We look forward to hearing from you.
Your Expert Appointment of a Decision Making Representative Legal Team in Ireland
At Carmody Moran Solicitors our experienced Inheritance and Family Law Solicitors Ireland are on hand to advise and skilled in handling all nature of inheritance and estate planning.
The two partners of Carmody Moran Solicitors have a combined total of in excess of twenty five years professional legal experience. Together with their associates they aim to make the Court process as straight forward and navigable as possible while being on hand to alleviate their clients concerns and worries about going through the Court process.
Anthony Carmody
Anthony Carmody is one of the founding Partners of Carmody Moran Solicitors.
He has significant experience in personal injury cases and general litigation having handled literally thousands of cases on behalf of clients based in Ireland and abroad.
Niamh Moran
Partner
Niamh Moran is one of the founding partners of Carmody Moran Solicitors and is a solicitor with wide ranging experience across all areas of general practice.
Niamh manages the family law, conveyancing in Dublin, and probate divisions of the practice. Niamh’s practice of law is extremely varied and she is regularly sought out for her expertise by clients and colleagues alike.
*While we have made every effort to provide accurate information, the law is always changing and it affects each person differently. This information is not a substitute for specific advice about you personally and it is not intended as legal advice. We will not be liable to you if you rely on this information. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.
You should note that no solicitor/client relationship or duty of care or liability of any nature shall exist or be deemed to exist between Carmody Moran Solicitors and you until you have received a written letter of engagement from us in which we confirm our appointment as your Solicitors.
