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Glossary of Capacity Law Terms

The 2015 Act brought a new vocabulary. Here it is in plain English, with links to the full guides.

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A–D

Advance healthcare directive (AHD) โ€” a statement of treatment wishes made while you have capacity, to apply if you later cannot decide; may appoint a designated healthcare representative. Full guide.

Attorney โ€” the person appointed under an enduring power of attorney to act for the donor. Duties and supervision.

Capacity โ€” under the Act, the ability to understand, retain, use and weigh information relevant to a particular decision, and to communicate the decision. Decision-specific and time-specific. The functional test.

Co-decision-maker โ€” a trusted person appointed by agreement to make specified decisions jointly with the appointer; the agreement is registered with the Decision Support Service. Full guide.

Decision-making assistant โ€” the lightest arrangement: appointed by agreement to help access information and communicate, while the person decides. Full guide.

Decision-making representative (DMR) โ€” a person appointed by the Circuit Court to make specified decisions on behalf of someone who cannot make them even with support. Full guide.

Decision Support Service (DSS) โ€” the state body operating the Act's registers, panels, supervision and complaints. Full guide.

Designated healthcare representative โ€” the person named in an advance healthcare directive to interpret and advocate for its terms.

E–P

Enduring power of attorney (EPA) โ€” a document made while you have capacity appointing an attorney whose authority takes effect if capacity is later lost. Under the 2015 Act; older EPAs under the 1996 Act.

Functional test โ€” the Act's approach to capacity: assessed decision by decision, at the time the decision is needed. Full guide.

General visitor / special visitor โ€” persons the DSS or court can send to meet a relevant person and report โ€” special visitors bring medical or other expertise.

Guiding principles โ€” the rules every intervener must follow: presume capacity, support decision-making first, least restriction, respect will and preferences. Full guide.

Intervener โ€” anyone taking an action under the Act in respect of a relevant person โ€” assistants, co-decision-makers, DMRs, attorneys, the court itself.

Panel โ€” the DSS maintains a panel of trained persons from which the court can appoint a DMR where no suitable family member or friend is available.

R–W

Relevant person โ€” the Act's term for the person whose capacity is in question โ€” deliberately neutral, and a reminder of whose process it is.

Review (wardship) โ€” the process by which every existing adult ward of court was reviewed and discharged into the new framework after the Act commenced. Full guide.

Ward of court โ€” the old system's status, abolished for adults by the 2015 Act.

Will and preferences โ€” what the person themselves wants and values โ€” the touchstone the Act puts in place of "best interests". Full guide.

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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