Assisted Decision Making In Ireland

What Is
Assisted Decision-Making?

Ireland’s Assisted Decision-Making (Capacity) Act 2015, fully enacted on 26th April 2023, marks a major shift in how the law supports adults who need help making decisions.

It replaces the wardship system with a flexible, tiered structure focused on autonomy, dignity, and respect.

The Act empowers people with disabilities, dementia, brain injuries, or mental health difficulties to make decisions about their healthcare, property, and personal affairs—with the right level of support.

The New Legal Framework – At a Glance

There are three main types of support arrangements, depending on a person’s needs:

1
Decision-Making Assistance Agreement
For people who can decide for themselves but need help understanding or communicating decisions.
2
Co-Decision-Making Agreement
A trusted person shares responsibility for specific decisions. Both must agree before action is taken.
3
Decision-Making Representative Order
If someone can’t make certain decisions, the court appoints a representative to act on their behalf.

Two further tools allow you to plan for the future:

1
Advance Healthcare Directives – to refuse medical treatments if capacity is lost later.
2
Enduring Power of Attorney – to nominate someone to manage property or care matters in the future.

Who Needs This?

You or your loved one may benefit from legal advice on assisted decision-making if:

You're caring for someone with dementia, an intellectual disability, or acquired brain injury.
You want to plan ahead with an Enduring Power of Attorney or Advance Healthcare Directive.
You're a healthcare provider or professional unsure how to comply with the new law.
You're currently under wardship and need help transitioning to the new system before April 2026.

Every adult is presumed to have capacity unless assessed otherwise — but that capacity may change over time or vary by decision.

Why Legal Guidance Matters

The new law introduces complexity: from Court applications and capacity assessments to ensuring your documents are valid and your rights respected.

We offer:

Advice on drafting and registering agreements
Representation in Circuit and High Court applications
Support for discharge from wardship
Expertise in handling EPAs and healthcare directives

With many adults still in wardship, and a 2026 deadline looming, now is the time to act.

Our Expertise,
Your Peace of Mind

We have proudly worked with families and individuals for many years navigating disability, ageing, or illness along with Healthcare and social care professionals across Ireland

You can rely on us for honest advice, practical solutions, and dedicated representation when it matters most.

Please Get In Touch

If you would like to talk to us about Assisted Decision Making and the options available to you, please fill in the form below to arrange a no obligation, introductory consultation.