Assisted Decision Making Capacity Act
Understanding the Assisted Decision-Making (Capacity) Act 2015
How Kennedy Frewen O’Brien Solicitors Can Support You
The Assisted Decision-Making (Capacity) Act 2015, fully commenced in April 2023, represents a major reform in Irish law. It replaces the outdated Wards of Court system with a modern, person-centred approach that respects the rights and autonomy of individuals who may need support in making decisions.
At Kennedy Frewen O’Brien Solicitors LLP, we are here to guide you through every step of this new legal framework.
What Is the Assisted Decision-Making (Capacity) Act?
This Act is designed to support people who may have difficulty making certain decisions due to a disability, illness, or age-related condition. It introduces a functional approach to capacity, meaning a person’s ability is assessed based on the specific decision at hand and the support they may need at that time.
The Act applies to individuals with:
- Intellectual disabilities
- Acquired brain injuries
- Mental health conditions
- Dementia or other age-related conditions
Types of Decision Support Arrangements
The Act introduces five key support options:
- Decision-Making Assistance Agreements
For individuals who can make decisions with help understanding or communicating information. - Co-Decision-Making Agreements
Where a trusted person is appointed to make decisions jointly with the individual. - Decision-Making Representation Orders
Court-appointed representatives make decisions on behalf of the person. - Enduring Powers of Attorney (EPA)
Allows a person to appoint someone to act on their behalf if they lose capacity in the future. - Advance Healthcare Directives
Enables individuals to outline their healthcare preferences in advance.
How We Can Help
At Kennedy Frewen O’Brien Solicitors LLP, we offer a full range of legal services to support individuals and families under the Act:
Expert Legal Advice
We help you understand your rights and identify the most appropriate support arrangement for your situation.
Drafting & Registration
We prepare and register:
- Co-decision-making agreements
- Enduring powers of attorney
- Advance healthcare directives
All in compliance with the Decision Support Service (DSS).
Court Representation
We represent clients in:
- Circuit Court applications for Decision-Making Representatives
- High Court applications for discharge from wardship
Family & Carer Support
We work closely with families and carers to ensure the person’s wishes and best interests are respected.
Why Choose Kennedy Frewen O’Brien?
With over 120 years of legal experience, our firm combines deep expertise with a compassionate, client-focused approach. We are committed to helping you or your loved one make empowered, informed decisions with dignity and respect.
Get in Touch
Contact Ronan Kennedy for more information
Let us help you navigate the Assisted Decision-Making (Capacity) Act with confidence.
