The formal objection windows
The Act's registration processes — co-decision- making agreements and EPAs — include notice to specified people and defined windows to object on statutory grounds: the person lacked capacity for the arrangement, undue influence or fraud, the proposed appointee's unsuitability, and similar. Court applications likewise carry notice parties who may be heard. The windows are short and grounds-based: an objection that says "I don't trust my brother" goes nowhere; one that evidences a statutory ground gets traction. If a notice has landed on your mat, the clock is already running — take advice this week, not this month.
Challenging conduct after appointment
- Complaint to the DSS — anyone can complain about an intervener's conduct; investigations can end in court applications (how the DSS works)
- Court review — arrangements can be varied or discharged, appointees replaced, directions given, accounts ordered; the court's supervision is real and used
- Urgency — where money is moving or the person is at risk, interim relief exists; dissipated funds are stopped far more often than recovered
Sibling wars: the honest section
The commonest dispute we see isn't abuse — it's two decent siblings with different risk appetites and thirty years of history, fighting through their mother's paperwork. Three things help. First, the Act's tiebreaker is the parent's own will and preferences, not family rank — build your position on evidence of what she wants or wanted. Second, neutral options exist: a panel DMR, divided responsibilities, court-supervised accounts — sometimes the win is nobody winning. Third, mediation: Richard holds the Law Society's mediation diploma, and a mediated family agreement presented to the court beats a contested hearing on every metric a family should care about — cost, speed, and Christmas dinner.
Acting for whichever chair you're in
We act for objectors with genuine grounds, for appointees defending honest conduct, and for relevant persons whose own voice risks being lost in the noise. What we bring to each: the statutory grounds, the evidence discipline, and a clear-eyed view of when to fight and when to build a settlement the court can bless.
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 I object to my brother becoming our mother's DMR?
As a notice party you can be heard, and the court decides suitability against the statutory criteria and your mother's will and preferences. Come with grounds and an alternative — an objection without a workable proposal invites the court to solve the problem without you.
What are grounds to challenge an EPA?
The recognised territory: the donor lacked capacity when making it, undue influence or fraud in its creation, attorney unsuitability, or non-compliance with formalities — plus, after activation, misconduct in the role. Suspicion isn't a ground; evidence is. Move within the windows where one applies.
Will a dispute destroy the estate in legal costs?
Only if it's run like a war. Costs in capacity matters are in the court's discretion and contested hearings are expensive — which is exactly why we push mediation and structured settlement early, and tell clients honestly when a fight isn't worth its price. See how costs work.
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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