Assisted Decision-Making Three Years On: A Practical Guide for Families

A practical guide for families

The Assisted Decision-Making (Capacity) Act 2015 commenced on 26 April 2023. Three years in, the new framework has settled into the day-to-day reality of Irish family life — but it can still feel daunting when capacity becomes a live issue for someone you love.

This is a short, practical guide for families who suspect a relative may need support with decision-making, or who want to plan ahead for themselves.

A different starting point

The Act replaced the old wards of court system with a tiered, rights-based framework. The starting point in law is that every adult is presumed to have capacity to make their own decisions, and capacity is now assessed decision by decision — not as a global status.

A person may be unable to manage complex financial affairs but perfectly capable of choosing where to live, who to see, or what medical treatment to accept.

This is more than a technical change. In practice, it means the question is rarely “does Mum have capacity?” — it is “what specific decision needs to be made, and what level of support does she need to make it?”

The three tiers of support

The Act provides three formal support arrangements, designed to escalate only as far as necessary.

Decision-making assistance agreement: For a person who can still make their own decisions but needs help gathering information, weighing options, and communicating their choice. The assistant does not make the decision.

Co-decision-making agreement: For a person whose capacity is more diminished but who can make decisions jointly with someone they know and trust. Both parties sign together.

Decision-making representation order: The most formal arrangement, made by the Circuit Court, where a representative is appointed to make specified decisions on the person’s behalf. This is intended to be a last resort.

Each arrangement is registered with, and supervised by, the Decision Support Service (DSS).

Two future-planning tools

Anyone with capacity can also put advance arrangements in place.

An enduring power of attorney (EPA) allows you to nominate a trusted person to manage personal welfare and/or property and affairs decisions if you lose capacity in the future.

An advance healthcare directive (AHD) records your wishes about medical treatment in advance, including the appointment of a designated healthcare representative.

Both arrangements are operational under the 2015 Act, but there are practical realities to factor in. EPAs must now be created and registered through the Decision Support Service online portal, and current processing times from application to registration are running at around five months.

The donor, the proposed attorney(s), and two witnesses must all be present together for the signing — worth knowing if family members live abroad.

Advance healthcare directives are legally binding once properly made, but there is no central register at present, so a copy should be kept somewhere your GP and family can locate it.

Even with those caveats, these remain the most accessible planning tools available, and they are far less expensive, time-consuming, and intrusive than a court-made representation order.

If a parent is showing early signs of cognitive decline but still has capacity today, this is the conversation to have — now, not later.

When a court application is needed

A representation order requires an application to the Circuit Court, supported by a statement of capacity from a registered healthcare professional based on a functional assessment.

Family members, the HSE, or other interested parties may apply. Notice parties — close relatives — must be informed and may consent or object.

In practice, the most common difficulties are delays in obtaining a statement of capacity, particularly where the person’s GP is unfamiliar with functional assessment.

Other common difficulties include disagreements among family members about who should act as representative, and underestimating the timeline — a contested application can take many months.

The wardship transition

The three-year statutory window for reviewing adult wards of court closed in April 2026.

The Assisted Decision-Making (Capacity) (Amendment) Act 2026 now permits extensions of up to 18 months, with a hard final deadline of 25 October 2027.

Families with a relative still in wardship should be actively engaged in the discharge process.

Getting advice early

The framework is sound, but the practical realities — court timelines, capacity assessments, fee notes, registration formalities — reward early advice.

Whether you are planning ahead or responding to a crisis, the sooner you take legal advice, the more options you usually have.