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Assisted Decision-MakingMary Molloy Solicitors

The five conversations to have before capacity becomes a question

The hardest planning conversations are the ones that never happen. Here are the five worth having early — and openers that make each one easier to start.

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1. Where things are

Not decisions — geography. Where are the accounts, the deeds, the policies, the passwords? A parent who won't discuss "what ifs" will often happily make a list. Opener: "If you were in hospital for a month, what would I need to keep the house running?"

2. What matters to you

The Act is built on will and preferences — but a representative can only honour preferences they know. Home versus nursing home, who should be involved, what good care looks like. Opener: a story about someone else's situation, and "what would you want, if that were you?"

3. Who decides, if you can't

The named-person conversation: who would you trust with money decisions, with healthcare ones — and have you told them? This is the conversation that leads naturally to the formal arrangements, from advance healthcare directives to enduring powers of attorney, while every option is still open.

4. What the doctor should know

Treatment wishes belong in the open — and, where they're firm, in an advance healthcare directive. Opener: after any hospital visit, theirs or anyone's — "did that change what you'd want for yourself?"

5. What happens to the will

A will made while capacity is beyond question is a kindness to everyone who comes after — and capacity and wills interact in ways worth understanding before, not after. Opener: honesty. "I'd rather we sorted this while it's easy."

Had the conversations and want to turn them into arrangements? That's the easy part — call 01 5827148.

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.

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