Where families genuinely manage alone
The DSS publishes usable forms and guidance, and its processes for the agreement tiers were designed for direct use. A straightforward assistance agreement in an agreed family; a co-decision-making agreement where the decisions are clear-cut and nobody objects; engaging with DSS information services — all genuinely doable without us. If that's your situation, use the DSS materials with our blessing; the guides on this site are written to help you do exactly that.
Where you want a solicitor — honestly
- Any Circuit Court application — statutory proofs, evidence rules, notice parties: the cost of DIY here is measured in months of adjournment (why)
- Property in play — a sale, the Fair Deal loan, transfers: authority defects surface mid-transaction, at maximum cost
- Family disagreement — once an objection is possible, everything you file is evidence; see objections and disputes
- Doubt about the tier itself — the expensive error is building the wrong arrangement well; a scoping conversation is the cheapest insurance in this field
- Advance instruments with anything unusual — blended families, farms and businesses, conflict-prone estates: precision drafting earns its fee many times over
- Institutions refusing to engage — a bank or hospital stonewalling valid authority usually moves for a solicitor's letter it won't move for a family's
The two-minute triage
The Pathway Finder maps which arrangement fits your situation — free and anonymous — and this page's honest sorting tells you whether to run it yourself or bring it to us. Still unsure? That's what the first call is for: scoping, not selling. If the honest answer is "you don't need us", we say so — it costs us five minutes and it's why people come back when they do. Call 01 5827148, and see how costs work before you commit to anything.
Frequently asked questions
Can we make a co-decision-making agreement without a solicitor?
Yes — the DSS process is designed for it, and in an agreed family with clear-cut decisions it's a reasonable route. Bring in advice if the decisions include property, the family has fault lines, or capacity for the agreement itself might later be questioned.
Why do court applications really need a solicitor?
Because they're proceedings with statutory proofs: evidence addressed to the functional test, correct notice to everyone entitled, a proposal the court can act on. Every element is doable — and every element, done wrong, costs an adjournment. The professional fee usually undercuts the cost of the delay.
Will you really tell us if we don't need you?
Yes — this page exists because we mean it. A practice in this field lives on trust and referrals; five minutes of honest 'use the DSS forms, you'll be fine' is the cheapest marketing we'll ever do.
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
Monday to Friday, 9:00 AM to 5:30 PM — out of hours appointments available