Assisted Decision-Making

Assisted Decision-Making, Capacity Applications, and Fair Deal

The Assisted Decision-Making (Capacity) Act 2015 has changed how we support loved ones who may have lost capacity to make decisions, or who may need help.

The law has introduced a tiered system for decision-making supports, which can be tailored to what the person needs, and what is their level of capacity. The new law provides for Decision-Making Representatives, Co-Decision Makers, Decision-Making Assistants, Attorneys, and Designated Healthcare Representatives.

If you need support, or have a friend or family member that does, we can assist you in applying to the Circuit Court for the appointment of Decision-Making Representative, who can make decisions about your affairs, such as management of finances and bank accounts, selling property, and healthcare decisions.

We can help you figure out what arrangement is best for you and your needs. We can support you in drafting Co-Decision Making and Assisted Decision-Making agreements, and Advanced Health Care Directives.

The law has abolished new wardship applications. All persons who are wards of court must have their situation reviewed, and must by discharged from wardship within 3 years of the commencement of the Assisted Decision-Making (Capacity) Act 2015 (26 April 2023). The ward may not need any more decision-making support, or the High Court might decide that they need a Decision-Making Representative or Co-Decision Maker to support the former ward. Any person who has an interest in the ward can apply to have to have the ward’s case reviewed for discharge.

We can assist Committees, family members or friends, and wards in the discharge process, and help plan for their future.

The law has also overhauled how people apply for the Nursing Home Loan (Ancilliary State Support) to fund nursing home care. The old care representative system has ended, and now people must apply to be a Decision-Making Representative if they want to apply for the Nursing Home Loan.

We can assist you in making the application for the appointment of Decision-Making Representative, and make it as smooth as possible.