Appointment of a Decision Making Representative in Dublin, Ireland

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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. Whether due to age, disability, mental health conditions, or other factors, some individuals may require assistance in understanding relevant information, weighing options, and communicating their choices effectively.

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.

What is the Assisted Decision-Making Act

A decision-making representative, as defined by the Assisted Decision-Making (Capacity) Act, 2015 (ADMA) in Ireland,  is a critical legal process designed to support individuals who may lack the full capacity to make important decisions on their own. 

When considering who needs a decision-making representative, it’s important to recognise those individuals who may face challenges in making decisions independently. 

Who needs a decision-making representative?

Individuals who, due to age, disability, mental health conditions, or other factors, lack the ability to understand the information relevant to a decision, weigh the options, and communicate their choices.

In such cases, appointing a decision-making representative can provide essential support and guidance.

Choosing the right decision-making representative is paramount. Who can be a decision-making representative?

  • Ideally, the representative should be someone trusted by the individual, such as a family member, close friend, or dedicated advocate.
  • If no suitable individual is available, the court can appoint someone from a panel of trained experts provided by the Decision Support Service.

What decisions can a representative make?

The scope of decisions a representative can make is determined by specific court orders and may include matters related to :

  • Personal welfare (residence, healthcare, etc.)
  • Property and financial matters
  • Personal care and support

Appointment of a Decision Making Representative in Dublin | Important points to remember:

  • The representative must always act in the best interests of the individual they represent.
  • They must consider the individual’s wishes and preferences whenever possible.
  • They are accountable to the court and must regularly report on their decisions.

More on Assisted Decision-Making (Capacity) Act, 2015 (ADMA) in Ireland

Additionally, decision-making representatives are accountable to the court and must regularly report on their decisions. This ensures transparency and oversight, safeguarding the rights and well-being of the individual. Resources such as the Citizens Information can provide valuable guidance and support throughout the appointment process.

In conclusion, the Appointment of a Decision Making Representative in Dublin, Ireland, is a fundamental aspect of ensuring that vulnerable individuals receive the necessary support and protection in making important life decisions. By understanding the process and seeking appropriate assistance, individuals and their loved ones can navigate this legal framework with confidence and peace of mind.

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.

Carmody Moran Solicitors provide legal advice and services in relation to the Assisted Decision Making (Capacity) Act, 2015 including in relation to:

    • 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?
If someone close to you no longer has legal or medical capacity, and they have not created an Enduring Power of Attorney, to access Fairdeal (the Nursing Home Support Scheme) a Capacity Application to the Circuit Court to appoint a Decision Making Representative will be required.

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.

What is a decision-making representative?

A decision-making representative, in Dublin, is typically an individual appointed to make decisions on behalf of someone who may not have the capacity to make those decisions themselves.

How do you make decisions on behalf of someone else?

To make decisions on behalf of someone else in Dublin, you can appoint a decision-making representative through various legal processes, such as a Power of Attorney or a Ward of Court application.

What are the responsibilities of a decision-maker?

The responsibilities of a decision-maker in Dublin include acting in the best interests of the person they represent, making informed and considerate decisions, and complying with relevant laws and regulations.

What types of decisions may you make on behalf of the individual you are assisting?

A decision-maker in Dublin can make various decisions on behalf of the person they support, depending on the scope granted by the legal arrangement. These decisions may include financial, healthcare, or personal matters.

What is the term used when someone makes choices on your behalf?

When someone makes decisions on your behalf in Dublin, it is often referred to as acting as your “legal representative” or “agent” under a legal document like a Power of Attorney

What is it called when you assign someone to make decisions for you?

Assigning someone to make decisions for you in Dublin is typically done through a legal document, such as a Power of Attorney or a Guardianship application, where you designate an individual as your decision-making representative.

What is a decision-making representative and when is it needed?

A decision-making representative is an individual appointed to make decisions on behalf of someone who may lack the capacity to make those decisions themselves due to illness, disability, or other circumstances. It is needed when someone is unable to make important decisions independently and requires assistance in managing their affairs.

What types of decisions can a decision-making representative make?

A decision-making representative in Dublin can typically make decisions related to financial matters, healthcare, personal welfare, and other legal and administrative matters. The scope of authority granted to the representative depends on the legal arrangement and the specific needs of the individual they are representing.

How do I choose someone to be my decision-making representative?

When choosing a decision-making representative, it’s important to select someone you trust, who understands your wishes and values, and who is willing and capable of fulfilling the responsibilities of the role. This could be a family member, friend, or professional advisor.

What is the process for appointing a decision-making representative?

The process for appointing a decision-making representative in Dublin typically involves legal procedures such as executing a Power of Attorney, applying for guardianship or wardship through the courts, or establishing a trust. The specific steps may vary depending on the circumstances and the legal framework involved.

What are the costs involved in appointing a decision-making representative?

The costs involved in appointing a decision-making representative in Dublin can vary depending on the legal process chosen and whether professional assistance, such as legal advice or representation, is required. Costs may include legal fees, court fees, and any expenses associated with establishing the arrangement.

What are the rights of the person who needs a decision-making representative?

The person who needs a decision-making representative retains certain rights, including the right to have their wishes and preferences considered, the right to participate in decision-making to the extent possible, and the right to challenge decisions made on their behalf if necessary.

What are the responsibilities of the decision-making representative?

The responsibilities of a decision-making representative include acting in the best interests of the person they represent, making decisions in accordance with any legal or ethical guidelines, keeping accurate records, and communicating effectively with the person they represent and other relevant parties.

What happens if the decision-making representative is unable to fulfill their duties?

If a decision-making representative is unable to fulfill their duties due to illness, incapacity, or other reasons, arrangements should be in place to ensure continuity of decision-making. This may involve appointing an alternate representative, seeking court intervention, or following any contingency plans outlined in the legal arrangement.

Are there any alternatives to appointing a decision-making representative?

Yes, there are alternatives to appointing a decision-making representative, depending on the specific circumstances and needs of the individual. These may include advance care planning, supported decision-making agreements, or informal arrangements with trusted individuals to assist with decision-making as needed.

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-Solicitor-Dublin

Anthony Carmody

Partner

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-Family-Law-Solicitor-Dublin

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 lawconveyancing 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.

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