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Assisted Decision-MakingMary Molloy Solicitors

Three years of the new capacity system: what families have learned

The Act commenced in April 2023, wardship ended, and a new system met tens of thousands of real families. Here's the practical scorecard.

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The tiered system is working — where people know it exists

The Act's ladder — assistance, co-decision-making, representation — was designed so that most situations never need a court. In practice, families who find the lower rungs early use them well; the problem is how many arrive at a crisis never having heard of them. The biggest single improvement available in the system is still awareness.

Court applications reward preparation

Circuit Court capacity lists have bedded in, and the pattern is consistent: applications with tight papers — clear evidence on the functional test, proper notice to everyone entitled to it, a proposed representative the court can be comfortable with — move; applications assembled in a hurry get adjourned, and adjournments cost months at exactly the moment families don't have them. How applications work.

Institutions are still catching up

Banks, utilities and some healthcare settings remain the friction point — asking for documents the Act abolished, or refusing ones it created. Knowing what an institution may lawfully require is half the battle; our institutions guide is the other half.

The lesson under all of it

Everything is easier one year earlier. Whatever prompted you to read this — a diagnosis, a review letter, a bank refusal — the best time to take advice is now, while the widest set of options remains open. 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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