When a loved one can no longer make decisions for themselves, we help you obtain the legal authority to act. Our solicitors guide Dublin families through the Circuit Court application from start to finish.
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Speak to our team about applying to become a decision-making representative. We handle the entire court process.
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When a loved one has lost the capacity to make decisions and no Enduring Power of Attorney is in place, a family member must apply to the Circuit Court for the legal authority to act on their behalf.
When a family member can no longer make decisions for themselves because of dementia, a stroke, an acquired brain injury or an intellectual disability, someone must be legally authorised to act for them.
If your loved one did not put an Enduring Power of Attorney in place before losing capacity, a court application is the only way to obtain the legal authority to manage their affairs.
Bills must be paid, care arranged and finances managed. Without legal authority, banks and institutions cannot deal with you. A court order gives your family the standing to act.
We understand how stressful this time can be. Our team will talk you through your options and explain how the court application works.
A decision-making representative is a person appointed by the Circuit Court to make specified decisions on behalf of someone who is no longer able to make those decisions themselves.
Under the Assisted Decision-Making (Capacity) Act 2015, the Circuit Court can appoint a decision-making representative to make certain decisions for a person who lacks the capacity to make them, even with support. The court order sets out exactly which decisions the representative is authorised to make.
This arrangement replaced the former Wards of Court system. It is the appropriate route when a loved one has already lost capacity and no Enduring Power of Attorney was put in place beforehand.
The court lists precisely which decisions the representative is authorised to make. These can cover two broad areas:
Property and Financial Affairs: managing bank accounts, paying for care, collecting pensions and benefits, and dealing with or selling property on the person's behalf.
Personal Welfare: decisions about healthcare, where the person lives, and their day-to-day care. The court can appoint different people to act as representatives for different types of decisions.
The court usually appoints someone the person knows and trusts, most often a family member such as a spouse, adult child or sibling. In choosing a representative, the court considers the person's known wishes, the relationship between them, whether the representative is able to carry out the role, and any potential conflicts of interest.
Where no suitable family member is available, or the decisions involved are especially complex, the court can appoint a trained expert from a panel maintained by the Decision Support Service.
A representative must always act in accordance with the person's will and preferences, and involve them in decisions as much as possible. They can only make the decisions set out in the court order.
Representatives are also accountable to the Decision Support Service. They must submit a written report each year, and where the order covers property and affairs, that report includes details of the person's assets, income, costs and expenses.
A decision-making representation order can be time-limited, and the court reviews both the arrangement and the person's capacity on a regular basis. If the person regains capacity, the order can be brought to an end.
Only the court can change or end an order. This can follow an application by the person, their representative, or anyone else with a genuine interest in their welfare.
Applying to become a decision-making representative is a formal court process. Our experienced solicitors manage every stage on your behalf, from the initial paperwork to representing you at the hearing.
Meet with our solicitor to discuss your loved one's situation. We explain the process, confirm whether a court application is the right route, and advise on the next steps.
A formal capacity assessment must be carried out by an appropriate medical practitioner. We advise on what is required and help you obtain the report the court needs.
We draft and prepare all court documents on your behalf, including the capacity application, the statement of your loved one's assets and affairs, and the grounding affidavit.
The application must be served on your loved one and other notice parties, with at least 21 days' notice before the hearing. We handle service and file the required proofs with the court.
We represent you at the Circuit Court. The court decides whether your loved one lacks capacity and, if so, appoints a decision-making representative and sets out their powers.
Our solicitors handle the full court process from start to finish. Contact us today to discuss your family's situation.
The Assisted Decision-Making (Capacity) Act 2015 sets out who may apply to the Circuit Court for a decision-making representation order. Our team will advise you on your standing to apply.
A spouse, civil partner, cohabitant or adult child of the person can apply to the court directly. If you fall into one of these categories, you do not need the court's prior permission to bring the application.
This is the most common situation, where a son, daughter or spouse steps forward to seek the authority to manage a loved one's affairs.
Any other adult who has a genuine interest in the welfare of the person may also apply, but they must first obtain the permission of the court.
We can advise you on whether this applies to your situation and guide you through seeking the court's consent as part of the application.
Before appointing a representative, the court looks at the person's known wishes, the applicant's relationship with them, whether the applicant is able to carry out the role, and any potential conflicts of interest.
The person's own will and preferences remain central throughout the process, and the court will always seek to appoint someone who will act in their best interests.
Where there is no suitable or willing family member, or where the decisions involved are especially complex, the court can appoint a trained expert from a panel maintained by the Decision Support Service.
We can advise you if this may apply to your family and explain what it would mean in practice.
Every family's situation is different. Speak with our team and we will advise you on your standing and the best way forward.
Where a person has already lost the capacity to make decisions and did not put an Enduring Power of Attorney in place beforehand, the appropriate route is to apply to the Circuit Court for a decision-making representation order. This gives a trusted person, usually a family member, the legal authority to make specified decisions on their behalf. Our team can guide you through the entire process.
Applications are made to the Circuit Court, in the county where your loved one lives or has lived at any time within the last three years. Our solicitors prepare the application and represent you at the hearing, so you are supported throughout.
A key requirement is an up-to-date medical report confirming that your loved one lacks the capacity to make the relevant decisions. A statement setting out their assets and affairs is also required where the order relates to finances. We advise you on exactly what is needed and help you gather it.
The timeframe depends on the court's schedule, the availability of medical evidence, and the circumstances of each case. Applications of this kind generally take a number of months to complete. Our team works to keep your application moving as efficiently as possible.
Once appointed, a decision-making representative can make the decisions set out in the court order. They must act in the person's best interests and in line with their will and preferences, and submit a yearly report to the Decision Support Service. We can advise you on your ongoing duties as a representative.
In most cases the application is dealt with at a Circuit Court hearing. Our solicitors represent you throughout and prepare you fully for what to expect. We have five offices across Dublin to make meeting with us as convenient as possible during what is often a difficult time.
Our experienced team guides Dublin families through the Circuit Court application process with clarity and care. Contact us today for a consultation.
