What changed, in one paragraph
Before 2023, an adult who "lost capacity" could be made a ward of court — an all-or-nothing status that removed control of their affairs wholesale. The 2015 Act, commenced on 26 April 2023, abolished adult wardship and replaced it with a tiered framework: capacity is presumed, assessed decision by decision under a functional test, and supported rather than removed wherever possible. A new state body — the Decision Support Service (DSS) — operates the registers and supervises the people appointed under the Act.
The ladder of support
| Arrangement | Who decides | How it's made | Guide |
|---|---|---|---|
| Decision-making assistance agreement | The person, with help | Agreement by the person | Assistance |
| Co-decision-making agreement | The person and a trusted co-decision-maker, jointly | Agreement, registered with the DSS | Co-decision-making |
| Decision-making representation order | A representative, for specified decisions | Circuit Court order | DMR |
| Enduring power of attorney | An attorney chosen in advance | Made while the donor has capacity, through the DSS process | EPA |
| Advance healthcare directive | The person, in advance | Written directive; may appoint a healthcare representative | AHD |
The design principle: use the lowest rung that genuinely works. A court order over someone who could have managed with a co-decision-maker is not protection — under the Act's guiding principles, it's an over-reach.
The people in the system
The Act calls the person at the centre the relevant person — and everyone acting under it (assistants, co-decision-makers, representatives, attorneys) an intervener, bound by the same guiding principles: presume capacity, support first, least restriction, and give effect so far as practicable to the person's own will and preferences — not what the family, or the intervener, thinks "best". The DSS maintains the registers, supervises through reports and visitors, and runs a panel of trained persons the court can appoint as representatives when no suitable family member is available.
Where the courts come in
The Circuit Court holds the core capacity jurisdiction: declarations about capacity, decision-making representation orders, approval of certain once-off transactions (like a property sale), and the review of arrangements. The old wardship jurisdiction is gone; existing wards have been reviewed and discharged into the new framework. Applications, evidence and notice rules are covered in our applications guide.
What this means for your family
Practically: if the person can still decide with help, look at the agreement tiers before anyone mentions court. If decisions genuinely can't be made even with support, the DMR route exists and works. If you're planning ahead with full capacity, the advance instruments are the whole point. And if you're not sure — which is most families — the Pathway Finder maps your situation in two minutes, or the comparison guide lays the options side by side.
How our fees work
You get a fixed quote in writing before any work starts — no hourly-rate surprises. If the scope changes, the quote is revised in writing before we continue. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. How costs work in capacity matters →
Frequently asked questions
When did the Assisted Decision-Making Act come into force?
The Act was signed in 2015 but commenced on 26 April 2023, alongside the opening of the Decision Support Service. From that date no new adult wards of court could be made, and the new tiered framework applies.
Does the Act apply to people with dementia?
It applies to anyone whose capacity to make particular decisions is in question, whatever the cause — dementia, intellectual disability, acquired brain injury, mental illness. Because the test is decision-specific, a person with dementia may hold capacity for many decisions and need support only for some.
Can family members just decide informally, like before?
Informal family help remains lawful and normal for everyday matters. The Act becomes relevant when decisions carry legal weight — property, significant money, healthcare consent — or when an institution (a bank, a hospital) requires formal authority before acting on anyone's word.
Who checks that appointed people behave properly?
The Decision Support Service supervises interveners — through registration, reporting obligations, its visitor system and a complaints process — and the court retains control over the arrangements it creates. It is a far more supervised system than wardship's committee model ever was.
Talk to a solicitor who works with families through capacity law every week. Call Mary Molloy Solicitors today.
Whether you are planning ahead, facing a capacity application, or simply unsure which arrangement your family needs, an early conversation costs little and prevents a lot.
📞 Call 01 5827148Try the Decision Support Pathway Finder
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