What an assistant does — and doesn't
A decision-making assistant helps the person get information, understand it, weigh options and communicate their decision to others. The assistant makes nothing themselves: no signing, no deciding, no overriding. Think of it as formalising what a good daughter, son or friend already does — with a document that tells banks, doctors and officials that this helper is entitled to be in the room, see the information and be listened to.
When it's the right fit
Assistance suits a person who passes the functional test for their decisions but finds the process hard: early-stage dementia, some intellectual disabilities, acquired conditions affecting communication, or simply age and overwhelm. It's also the arrangement that best honours the Act's least-restriction principle — if assistance genuinely works, nothing heavier is justified.
How it's made
- Made by the person themselves, in writing, in the prescribed form — they choose their assistant (most commonly a family member or close friend)
- It specifies the decisions it covers — personal welfare, property and affairs, or defined subsets; it cannot cover certain excluded matters
- The assistant must be eligible (age, no disqualifying history) and signs up to duties drawn from the guiding principles
- It can be revoked or varied by the person at any time while they have capacity to do so
The honest note
Assistance agreements are designed so families can put them in place without a solicitor, through the Decision Support Service's materials — and where that's the whole need, we'll say so. Where we add value: judging whether assistance is genuinely the right tier (or a stepping stone past a problem that needs co-decision-making or more), drafting the scope so institutions accept it without friction, and planning what happens if capacity declines later. The Pathway Finder gives you a first read.
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
Does a decision-making assistance agreement need to be registered?
Assistance agreements are not registered with the DSS in the way co-decision-making agreements are — they're made by the person in the prescribed form. Institutions may ask to see the document itself before engaging with the assistant.
Can there be more than one assistant?
A person can appoint more than one assistant, including for different kinds of decisions — one for health matters, another for money, for example. Clarity of scope in each document prevents the overlap becoming friction.
What if the bank still won't talk to the assistant?
Institutions are still learning the Act. Usually a copy of the agreement plus a short solicitor's letter identifying the statutory basis resolves it; see our guide to dealing with banks and institutions.
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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