What the DSS is
The Decision Support Service, operating within the Mental Health Commission, opened its doors when the Act commenced in April 2023. It is not a court and does not decide capacity; it runs the machinery around the Act's arrangements — registration, codes of practice, supervision and complaints — with a strong public-information role besides. Its website and forms are genuinely usable, and for several of the Act's processes families deal with the DSS directly.
What it does
- Registers — co-decision-making agreements and enduring powers of attorney go through DSS processes, with searchable confirmation for institutions that need to verify authority
- Notice and objections — the DSS administers the notification and objection windows built into registration processes
- Supervision — co-decision-makers, DMRs and attorneys owe reports; the DSS reviews them and can escalate concerns
- Visitors — general and special visitors can be sent to meet a relevant person and report on their situation or an intervener's conduct
- Panels — trained decision-making representatives for appointment where no suitable family member exists, and other statutory panels
- Complaints — anyone can complain to the DSS about an intervener's conduct; investigations can end in applications to court
Dealing with the DSS in practice
Expect prescribed forms, identity verification, statutory notice periods and processing times that reward getting things right first time. Where we're involved in a matter, we handle or shepherd the DSS steps as part of it; where a family is running a self-service process (an assistance agreement, say), we're the safety net when a form bounces or an objection lands. If a DSS complaint or investigation touches your family — from either side — take advice early: the outcomes range from nothing to court applications.
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
Is the Decision Support Service free to use?
The DSS charges prescribed fees for certain processes (with waivers in defined circumstances) and publishes its current fee schedule. Budget for the fees alongside any professional costs — and see how costs work in capacity matters.
Can the DSS decide that my mother lacks capacity?
No — the DSS is not a capacity assessor or a court. Capacity questions are resolved by assessment under the functional test and, where necessary, by the Circuit Court. The DSS's role is registration, supervision and safeguarding around the arrangements.
Someone complained about me to the DSS. What now?
Engage, don't ignore: investigations are evidence-driven, and an intervener with good records and guiding-principles reasoning usually has little to fear. Take advice before responding if the complaint is hostile or the family is in conflict — responses become part of the record.
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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