Assisted Decision-Making Replaces Wardship System in Dublin & Ireland

by | Apr 27, 2023 | Legal News

A Brand-New Dawn Has at Last Arrived

An update on Assisted Decision-Making Replacing Wardship System

in Dublin & Ireland

Assisted Decision making Replaces Wardship Dawn Ireland ImageIreland has been operating a system of wardship around legal capacity issues that date back to the 1800s under a legal process set out under the Lunacy Regulation (Ireland) Act 1871, even a glance at the language used indicates how outdated this legislation was in line with modern norms.

The Assisted Decision-Making Capacity Act 2015 and the Decision Support Service finally come into operation today the 26th of April 2023 and it is an important and long-awaited development of the previous archaic wardship system.

This modern and innovative piece of legislation will radically update how all of us interact with the law and will make future legal planning the norm for all citizens.  In the past solicitors have worked with clients regularly on Estate planning and had advised clients regularly on Enduring Powers of Attorney and the need to future plan.   This new law will definitively enable legal life planning for all, including those with varying degrees of legal and medical capacity.

All existing Enduring Powers of Attorney will remain valid, and clients should have no concerns in this regard.  The new legislation has a new framework for new Enduring Powers of Attorney being created, however.

From yesterday, the 25th of April 2023, the Wards of Courts office has ceased accepting wardship applications.  The new applications relating to persons requiring Court assistance will be operated via a Circuit Court scheme rather than the High Court, and the Wards of Courts Office will now commence the three-year review and discharge of all adult wards of Courts.

For those currently in wardship, all adults’ wards will be discharged.   The former ward will now be referred to as the “relevant person”, and they will transition to one of the three new Decision Support Arrangements.

The Three New Decision Support Arrangements:
  • A Decision-Making Assistant
  • A Co-Decision Making Assistant
  • A Decision-Making Representative.

The new three-tiered system of assisted decision-making replaces the wardship system and provides a framework based on the will and preference of the decision-maker.   It has a focus on person-centred planning that brings Irish law in line with the requirements of the United Nations Convention on the Rights of People with Disabilities (UNCPRD), and the Assisted Decision Making Capacity Act 2015 replaces substituted decision-making with a progressive and empowering rights-based approach.    It intends to maximise autonomy for persons who require support to make decisions about their personal welfare, property, and financial and legal affairs.

Both partners of Carmody Moran Solicitors LLP have significant experience in the area of mental health law, capacity, and wardship, and can guide Committees and wards through the changes and discharge from wardship Court applications.   Niamh Moran is a chairperson of the Mental Health Commission’s Panel of Legal Representatives.   Prior to this role, Niamh also advocated before Mental Health Tribunals and was the solicitor in the case of PMcG and the Clinical Director of the Mater Hospital before Mr. Justice Peart which centred around the rights of the person notwithstanding their lack of legal capacity.

Anthony Carmody is a solicitor on the Mental Health Commission’s Panel of Legal Representatives, he has brought numerous legal cases and Article 40 applications under the Constitution relating to mental health law, before the High Court, Court of Appeal, and the Supreme Court including the important decision of I.F.  Anthony is an expert solicitor in capacity law and mental health law seasoned advocate, his practice specialisms include probate disputes, family law and catastrophic and personal injury litigation.  Frequently the area of mental health capacity overlaps with other areas of litigation.   Anthony has also acted in numerous wardship cases and as a Guardian ad Litem for proposed Wards of Court.  

Both Anthony and Niamh have an approachable style which combined with their significant experience means they are regularly sought out by colleagues and clients to represent them on their behalf with utmost confidence and professionalism and clients are referred to them by other legal professionals and medical professionals in this evolving area of legal practice.

The Codes of Practice for the new legislation were just finalised and published yesterday, 25th April 2023, and further blogs will cover frequently asked questions as this area of legal practice advances.   For assistance now in relation to transitioning from the Wards of Courts system to the new Assisted Decision Making Capacity Act, 2015, enquiries regarding the new Circuit Court applications that replace wardship and the law of capacity, and enquiries regarding the new format Powers of Attorney, Assisted Decision Making Arrangements, please do get in touch with Carmody Moran Solicitors by email [email protected] or telephone 018272888 for assistance from our expert legal team.

 

INDEPENDENT GOOGLE CLIENT REVIEWS

I recently engaged with Carmody Moran Solicitors for the purchase of my new home. Caila and team were incredibly helpful throughout the whole process, ensuring I was kept up to date and promptly responded to any queries I had raised. I was particularly impressed at how diligent and efficient Caila was in ensuring the purchase went as smooth as possible. Would highly recommend them for their Legal services.
Aedamar O'Toole
Aedamar O'Toole
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Louise O'Dwyer
Louise O'Dwyer
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I recently had the pleasure of engaging Carmody Moran Solicitors for the purchase of my new home. I found Caila and the team to be extremely professional, efficient and they kept the whole process moving along smoothly at all times. Everything was explained to me at each stage in the process in a clear and concise manner. I would highly recommend Carmody Moran Solicitors to anyone for quality legal services.
Luke Ivers
Luke Ivers
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Caila at carmody Moran is an absolute pleasure to deal with. Always attentive and always keeping you update. Caila took a lot of the stress out of the leg work having everything ready and constantly in contact with us. Would recommend Carmody Moran to anyone. They're all lovely to deal with and so helpful.
John Corr
John Corr
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We recently engaged with Carmody Moran Solicitors for a property purchase. From start to finish I found their service to be highly efficient and accommodating at all times . Caila in their office was very pleasant to deal with . I would highly recommend them to anyone in the future.
Laura Butler
Laura Butler
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Absolutely fantastic, I would highly recommend. Prompt responses, clear and helpful communication, very diligent, and absolutely lovely to deal with. Caila is a star. Even my estate agent was full of praise!
Aileen Power
Aileen Power
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Carmody Moran recently helped me with the sale of my home. Niamh, Caila and all the team were fantastic to deal with from start to finish. They explained everything so clearly, were extremely professional, efficient and always responded promptly. On top of that they were just such a friendly group of people to deal with. I would highly recommend them.
The client service was really great. Understanding, easy to deal with and reactive
Joe Marsh
Joe Marsh
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We recently closed on a first time house purchase and we were very pleased with how the whole process was handled at Carmody Moran. They always responded clearly and promptly to the many queries I had along the way and were on the ball with following up issues with the sellers solicitors to keep the process moving.The reason I went with them originally over other options was because they gave a very clear breakdown for the charges and the quoted price we were given was transparent and easy to understand compared to other quotes I received.I will definitely use them again if the need arises and recommend them to my friends and family.
Kenneth Ohaa
Kenneth Ohaa
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I got the keys to my new house a few weeks back. I cannot recommend Carmody Moran Solicitors highly enough. It was a bit lengthy as I was buying and selling at the same time. In such cases you need experienced and competent solicitors such as Carmody Moran Solicitors.Stephanie and Helen were a pleasure to work with. Very transparent and communicative. Also occasionally dealt with Lucy and Caila. They were brilliant as well.I would like to say Thank you to the entire Carmody Moran team.Kenneth
Salt Almighty
Salt Almighty
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I needed a solicitor to arrange a mortgage, and they went above and beyond to help me !I would advise them to anyone
Andrew NEROH
Andrew NEROH
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My partner and I recently made the acquisition of our first home and it was a lengthy and difficult process, due to the fact we were buying from a receiver.In such difficult cases, you will need a legal representation as competent and professional as Carmody Moran Solicitors on your side.We were primarily dealing with Stephanie who gave us regular updates, helped us understand what is happening and what to do. We felt our interest always came first which made every appointment with her something we looked forward to.We were also occasionally in contact with Lucy, Niamh and other brilliant members of the firm, all of whom provided an excellent level of support and knowledge in Stephanie's absence.I couldn't recommend Carmody Moran enough. I would like to give a heartfelt thank-you on behalf of myself and my partner to every one involved at the firm who helped us make our dream a reality. We will not hesitate to call upon your services again should the occasion arise.Andrew.
jonathan
jonathan
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I would highly recommend Carmody Moran Solicitors. Niamh Moran and her team helped and supported me through the sale of my home. The transaction was dealt with efficiently and quickly. Every step was clearly explained from the Sale Questionnaire, Contract for Sale to Completion.
We just got the keys to our dream home 🏡 special thanks to Stephanie,Helen,Caila and Carmody Moran team.All the girls are very friendly and helpful.Stephanie was a pleasure to have you as our solicitor.Highly recommend!
We've just got the keys to our dream home and Carmody Moran has helped us with all the legal work. We've been dealing with Stephanie and Helen and they both have been great: friendly, professional and communicative. The whole process can be intimidating at times, but they've made sure to make it as easy as possible for us. They've represented us well. Highly recommended.
ciara daly
ciara daly
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Anthony and his team went above and beyond for me, everything was always looked after and I was constantly kept in the loop for my RTA case. From phone calls to emails to dealing with insurers. Gave me great peace of mind that I chose the right solicitor and Anthony himself is a gentleman. I would highly recommend Carmody Moran Solicitors.
Cassandra Reyes
Cassandra Reyes
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Tony is quick and responsive to me. Very professional and would definitely recommend to my family and friends.Thank you so much.
Martin Kinsella
Martin Kinsella
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CarmodyMoran were a pleasure to deal with. I found them to be extremely helpful in all my queries and responded to me in a very personal and professional manner.
Marie Byrne
Marie Byrne
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Anthony & Niamh are our family Solicitor, so had no hesitation when the decision was made to sell of our family home. They dealt with my dad in the most caring manner explaining everything in detail. I dealt with Helen Ryan and Stephanie Tierney. The response to every query was exceptional. An absolute pleasure to deal with. If they were unavailable Emma at reception would pass all messages on. It was a very positive experience and a fantastic team at Carmody/Moran Solicitors. Thank you. Marie Byrne
Jennifer Foley
Jennifer Foley
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Excellent.I am a client of Carmody Moran for the last few years.Niamh is a lovely person she made a difficult and lengthy process easy and answered any questions in a timely manner, very approachable and thorough.With her guidance and experience I found her to be very professional and understanding of my position, every step of the process was explained to me without overwhelming me.I cannot speak highly enough of Niamh and her team.I am happy to recommend them to anyone.
Would highly recommend.Tony and his team were absolutely brillant dealing with my case.Tony made me feel comfortable from day one, he explained everything to me at all times . Any time I had questions about thing's there was no problem in picking up the phone or sending a email Tony always got back to me and answered my questions.Fantastic service.
Fran Carroll
Fran Carroll
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Tony an his team are brilliant.Left no stone unturned.
We availed of Carmody Moran Solicitors for the sale of our property. Niamh and her team were very efficient, quick, easy to reach and, most importantly, proactive to solve issues and process the sale. Really happy with the service and a very good value for money. Highly recommend!
Annamay Rowan
Annamay Rowan
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Would highly recommend Anthony Carmody as he was so supportive with me and my family's case. If you made contact he would ring or email you back that day and explain things in your language.
Anant Batra
Anant Batra
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Fantastic experience dealing with Anthony. Excellent and quick communication. Would highly recommend!
Elvyra Ghetler
Elvyra Ghetler
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Great service, efficient, proffesional, very responsive. Over all very happy with services.
Tracy Ankers
Tracy Ankers
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Would highly recommend Anthony and his team .
Really pleased with the advice, help, communication and understanding that I received all the way through my case. A very personable and professional firm with the focus always on the client.
Maxine Hudson
Maxine Hudson
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Would highly recommend. No nonsense straight to the point. Kept informed at all times during the process. Anthony and staff all great.
Mark Kelly
Mark Kelly
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Great team to deal with, very professional, communication from them constantly was beyond amazing, nothing but great things to say for them, Tony went above and beyond for me, highly recommended A++ for there service, thank you again guys much appreciated.
Mick Giles
Mick Giles
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My experience with this law firm was exceptional. Tony is a very professional man who gave me his time and opinion without over promising on the result. Honest and trustworthy - Highly recommend
david clarke
david clarke
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Absolute pleasure working with the CM team. Highly professional, always helpful. Great communication and made the process as hassle free as possible. Highly recommended.
Matthew Canning
Matthew Canning
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Streetfront Lawyers.
Alan Alyyan
Alan Alyyan
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Professional Solicitors that you can depend on!
Vanja Jovanovic
Vanja Jovanovic
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We have dealt with both, Niamh and Anthony. Very pleased with the level of service. Very professional and always there to answer any questions we had while guiding us through the process. Highly recommended
Bonnie B
Bonnie B
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Great to deal with professional,patient and efficient. Big thanks to Niamh, Leanne and Camilla .
declan mcgrath
declan mcgrath
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Great service from Niamh, Leanne and all the team at Carmody Moran. Thanks
Phyllis Dalton
Phyllis Dalton
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Our experience with Carmody Moran was very positive. They were very professional and always there on the phone if I ever needed anything. Great service.
Andrew Penrose
Andrew Penrose
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We selected Carmody Moran to represent us. Great experience with Niamh and the crew after over a year engagement on property dealings have nothing but great things to say. Very professional, prompt to queries and very responsive. Highly recommended.
Paul Moran
Paul Moran
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Professional but very friendly and courteous.
jingjing xu
jingjing xu
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I went to Carmody after deciding to get a house. I found their work is detailed and very reliable. I will go again to them for next time legal service.
David McGowan
David McGowan
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I went to Carmody Moran Solicitors after a car accident and needed injury claim advice, I was incredibly impressed and was kept well informed of how my claim was progressing.They were very straight forward and never set unrealistic time frames or over promising but delivered on everything, They were consummate professionals and I really can't thank them enough, I would highly recommend them to anyone and I will use them for any legal advice I may have in the future.
Terry Palmer
Terry Palmer
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I have always found the service offered by Carmody Moran to be first rate and i would would have no hesitation in recommending them.
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