Assisted Decision Making Capacity Act (ADMCA) Applications

Help is here if you or a loved one is experiencing difficulties with capacity or decision making

Compassionate Legal Guidance for Families and Loved Ones

At Kennedy Frewen O’Brien , we understand how overwhelming it can be when a loved one is no longer able to make certain decisions for themselves. The Assisted Decision-Making (Capacity) Act 2015, which came into full effect in April 2023, provides a new legal framework in Ireland to support individuals in making decisions about their personal welfare, property, and financial affairs.

We are here to help you navigate this complex process with clarity, care, and professionalism.

What Is the Assisted Decision-Making (Capacity) Act?

This Act replaces the outdated wardship system with a tiered structure of decision-making supports, designed to respect the autonomy and dignity of individuals who may need help making decisions. These supports include:

Decision-Making Assistance Agreements
Co-Decision-Making Agreements
Decision-Making Representation Orders (DMROs)

Each arrangement is tailored to the level of support a person needs, and all are supervised by the Decision Support Service (DSS).

How We Can Help

Our experienced solicitors provide end-to-end support for families and individuals, including:

Legal Advice & Consultation

We explain your options clearly and help you understand which decision-making arrangement is most appropriate for your loved one’s needs.

Court Applications

We assist with preparing and submitting applications to the Circuit Court for the appointment of a Decision-Making Representative, including:

Drafting and filing Form 55A (Capacity Application)
Preparing the Statement of Particulars (Form 55B)
Compiling the Grounding Affidavit (Form 55I) with medical reports and supporting documents

Representation in Court

We represent you and your family throughout the court process, ensuring your loved one’s voice and preferences are respected.

Support with DSS (Decision Support Service) Registration

We help register agreements and court orders with the Decision Support Service, ensuring compliance and ongoing oversight.

Advance Planning

We also advise on Enduring Powers of Attorney and Advance Healthcare Directives, helping you plan ahead with peace of mind.

Why Choose Us?

Specialist Expertise in capacity law and court applications
Compassionate Approach during emotionally challenging times
Legal Aid Support available for eligible clients
Nationwide Service – we assist clients across Ireland

Contact Us Today

We are here to help you. Contact us and discover how we can provide an unrivaled Solicitor service.