Applications Under the Assisted Decision-Making Act 2015

We provide civil legal aid and advice under the Assisted Decision Making (Capacity) Act 2015. This legislation provides a new legal framework for supported decision making in Ireland.

We provide this service to people who may have difficulties with making decisions about their personal welfare, property and affairs.

Difficulties with decision making might arise, for example, as a result of an acquired brain injury, alzheimers, dementia, mental health difficulty or intellectual disability.

Three Tiers of Decision Support:

The new laws provide for three different tiers of supported decision making for adults who may have capacity issues in terms of making various types of decisions

decision making assistance agreements;
co-decision making agreements; and
decision making representatives.

Forward Planning

The Act also provides for mechanisms for forward planning for a time when a person might lose capacity to make decisions for themselves in relation to decisions on personal welfare, accommodation, property and finance matters and in relation to healthcare matters.

Each of the above decision support arrangements under the Act is considered further below and further information in relation to each of the decision support arrangements can also be obtained from www.decisionsupportservice.ie.

Wards of Court – Discharge from Wardship

Under the old system, when it was determined that a person did not have capacity to make a decision, that person may have been made a ward of court. When a person was made a ward of court, the Court took charge of all of the person’s personal affairs and their property or estate.

A “Committee” (who in many cases was a family member) might have been appointed by the Court to take decisions for the person. In some cases the General Solicitor for Minors and Wards of Court, an official of the court, was appointed as Committee.

Discharge Process

The 2015 Act provides for a system whereby all existing adult wards will be discharged from wardship. This will be done by the Court that took them into wardship, which in most cases will be the High Court. All adult wards must be discharged from wardship in the three year period beginning on the 26th April 2023 and ending on the 26th April 2026.

The application for discharge can be made by the ward themselves, or by their Committee, or by certain other persons, with the leave of the court. If no application is made for discharge by any of these parties, then the Court may review the ward’s case and make the discharge order on its own motion.

Applications under the Assisted Decision-Making Act 2015 can be made to our specialised Law Centre:

Ballymun Law & Family Mediation Centre, Unit 2, 2nd Floor, Lidl North Quarter, Ballymun, Dublin 11. D11 WRN8

Legal advice is available to the person putting in place the arrangement and any person who is being appointed under the arrangement.

All applicants for legal services seeking legal advice and assistance with putting in place under Assisted Decision Making arrangements or applicants seeking legal advice in relation to their role and obligations as the person appointed under the Act must satisfy a means test.