Assisted Decision-Making (Capacity) Act 2015
The Assisted Decision-Making (Capacity) Act 2015 is a law that establishes a new legal framework for supported decision-making in Ireland. It allows people to make legal agreements on how they can be supported to make decisions about their personal welfare, property and affairs.
These new regulations may help you, if you don’t have the capacity to make decisions, now or in the future, without help.
People who may have difficulty making decisions include (for example) people with intellectual disabilities, acquired brain injury, mental health difficulty or dementia.
The Act also allows you to plan for a time when you might lose your capacity in 2 types of future planning arrangements, known as Advance Healthcare Directives and Enduring Power of Attorney.
The Act came into effect on 26 April 2023 and created three decision-making arrangements:-
- Decision-making assistance agreements
- Co-decision-making agreements
- Decision-making representation orders
The Decision Support Service is a service that promotes the rights and interests of people who may need support with decision-making, now or in the future.
The Decision Support Service will :
Enduring Power of Attorney & Advance Healthcare Directive
An Enduring Power of Attorney (EPA) is a document signed by a person (the Donor) giving their Donee (the Attorney) the power to act on behalf of the Donor in accordance with the terms of the document should the Donor become mentally incapacitated. EPAs are concerned primarily with the care of a person and the management of their assets during their lifetime. The Donor can bestow general powers on their Attorney whereby they make all their decisions, or they can appoint an Attorney for certain decisions only. All individuals who own and run a business should have an EPA in place and all individuals who are making or amending their Will later in life should also consider putting an EPA in place.
There are new rules and forms governing EPAs since the commencement of the Assisted Decision-Making Act.
EPAs do not cover decisions about medical treatment. You can make an Advance Healthcare Directive (AHD) if you want to make decisions about the medical treatment you get in the event that you lose your capacity.
EPA made on or after 26 April 2023
An EPA that was made on or after 26 April 2023 only takes effect when each of the following has occurred:
- The EPA has been registered with the Decision Support Service
- The donor lacks decision-making capacity
- The Decision Support Service has been notified of the incapacity and it accepts the fact
EPA made before 26 April 2023
An EPA made before 26 April 2023 only takes effect when enrolled with the Office of the Ward of Courts. An Attorney can register the EPA when the donor becomes incapable of managing their affairs.
If you made an EPA before the 26 April 2023, you do not need to register it with the Decision Support Service. If you lack capacity to make decisions, your Attorney will register the EPA with the Office of the Wards of Court.
Discharge of Wards of Court
Since 26 April 2023, applications for adults to become a ward of court can no longer be made.
There are some approximately 2,000 Wards who must now be discharged from Wardship by April 2026. We can advise on applications for discharge from the current Wards of Court regime. All applications are brought to the High Court, Wards of Court List.
If you are currently an adult ward of court, or you are a ward who will turn 18 before 26 October 2025, your wardship will be reviewed by the courts and you will be discharged from wardship within 3 years. The courts will decide what decision support arrangement, if any, you need. An application can also be made to court for this review to happen before then.
If you are a ward of court under 18 who is still under 18 on 26 October 2025, your wardship will be reviewed within 6 months of turning 18.
The administrative transfer of adult Wards of Court to the newly established Decision Support Service (DSS) is the biggest fundamental change to the regime in the history of the State and will see Wards funds no longer being held in Court but paid out to the respective Wards and their families or failing that to a Decision-Making Representative (DMR). If there is no one suitable to act as a DMR for the relevant person, the Court can appoint a DMR from their panel. Where substantial monies are held in Court, a proposal must be developed as regards the management of these funds going forward to ensure these monies will be managed correctly for the Ward's benefit.
