Admission: whose decision is it?
Where to live is the resident's decision if they have capacity for it — and under the functional test many people entering care do, choosing residential care as the sensible option it often is. Where capacity for the decision is genuinely lacking, admission must rest on lawful authority — an attorney or DMR whose powers cover it, applying the person's will and preferences — not on family consensus and a signature on a form. "She'd never have agreed, but it's for the best" is precisely the sentence the Act was written to interrogate.
The contract and the money
The nursing home contract — fees, extras, notice, deposits — binds whoever validly signs it. A resident with capacity signs for themselves; otherwise the authorised person signs on their behalf, within their powers. Family members pressed to sign personally should read what they're taking on: a contract in your own name can make you the debtor. The funding layer — Fair Deal, the loan, the house — has its own authority requirements, and sequencing them with the admission saves months (selling the house).
Consent doesn't stop at the door
Inside, capacity law keeps applying decision by decision: treatment and medication, restrictions on movement, participation choices. Providers must presume capacity, support decision-making, and involve the resident and any advance healthcare directive or appointed supporters; blanket "the family decides now" practice is as wrong as its opposite. Note the co-decision-maker and DMR eligibility rules restrict certain care-provider roles — a safeguard worth knowing when arrangements are being designed around a resident.
When families need to push
Grounds for a firm conversation, and if needed a solicitor's letter: consent processes that bypass a capable resident; restrictions imposed for convenience; contracts signed by nobody with authority; family excluded despite holding lawful roles. Most homes respond quickly once the legal position is set out; regulators and the DSS complaints machinery stand behind the rest. We act for residents and families in exactly these conversations.
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
Can a nursing home refuse to deal with me about my mother's care?
If you hold a relevant role — attorney, DMR, co-decision-maker, healthcare representative — the home should engage with you within it, and a copy of the instrument plus a short letter usually settles the point. Without any role, engagement is at the resident's choice and good practice, not entitlement — which is itself a reason to formalise.
Should I sign the nursing home contract for my father?
Only with authority to sign on his behalf, and expressly in that capacity — not personally. Signing in your own name can make you liable for the fees. If no one yet holds authority, say so and take advice before signing anything; homes deal with this situation constantly.
My capable mother is being told what to do 'for her own good'. Is that lawful?
A resident with capacity for a decision makes it — including unwise versions of it — and blanket restrictions on capable residents sit badly with both the Act's principles and care standards. Raise it formally; it usually stops when named in writing.
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
richardoshea@marymolloysolicitors.com · Dublin: The Ormond Building, 31–36 Ormond Quay Upper, Dublin 7, D07 EE37 · Kilkenny: 2 Rose Inn Street, Kilkenny, R95 W58D
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