The Assisted Decision-Making (Capacity) Act: Your Options

Worried about a parent whose memory is fading, or want to put your own affairs in order before you ever need to? Since 2023, Ireland has had a modern legal framework that lets adults plan for, and get support with, decisions about their welfare, property and finances. The Assisted Decision-Making (Capacity) Act 2015 replaced the old wardship system with something far more flexible — and it gives you real choices. This plain-English guide explains your options under the Act in 2026.

What the Assisted Decision-Making (Capacity) Act actually does

The Act came into full operation on 26 April 2023. It does three big things. It sets out a tiered system of decision support arrangements so a person can be helped to make decisions rather than have decisions made for them. It establishes the Decision Support Service (DSS), a body within the Mental Health Commission that registers arrangements and supervises the people appointed under them. And it began the phasing out of the old wards of court system.

The arrangements apply only to adults aged 18 and over. The central idea is that capacity is not all-or-nothing: support should match the specific decision a person is facing, at the specific time they face it.

The starting point: you are presumed to have capacity

The Act re-affirms that every adult is presumed to have decision-making capacity unless the contrary is shown. Capacity is assessed using a functional test — it looks at one decision at a time rather than labelling a person as lacking capacity in general. A person is regarded as unable to make a particular decision only if they cannot understand the relevant information, retain it long enough to make a choice, use or weigh it as part of the process, or communicate their decision.

Importantly, making what others consider an unwise decision does not, by itself, mean a person lacks capacity. Everyone is entitled to make their own choices, including ones their family might disagree with.

The five decision support arrangements

The Act provides five arrangements across two groups. Three are for people who currently, or may shortly, face challenges with certain decisions. Two are for people planning ahead for a possible future loss of capacity.

If you need support now

1. Decision-Making Assistance Agreement. If you need a hand making some of your own decisions, you can appoint someone you know and trust as a decision-making assistant. They help you get and understand information, but you still make the decision. Our solicitors can draft this for you at a fixed fee: Decision-Making Assistance Agreement.

2. Co-Decision-Making Agreement. A step up in support. You and a co-decision-maker (a trusted family member or friend) make specified decisions jointly. The agreement must be registered with the DSS. See our Co-Decision-Making Agreement service.

3. Decision-Making Representation Order. For the small number of people who cannot make a particular decision even with support, the Circuit Court can appoint a decision-making representative to make defined decisions on their behalf. This is the most formal tier and involves a court application: Decision-Making Representation Application.

If you are planning ahead

4. Enduring Power of Attorney (EPA). While you still have capacity, you appoint an attorney to manage specified property, financial and personal welfare matters if you lose capacity in the future. An EPA cannot cover healthcare treatment decisions.

5. Advance Healthcare Directive (AHD). A written statement setting out the medical or surgical treatment you would or would not want if you were later unable to decide for yourself. This is where healthcare wishes belong, since an EPA cannot deal with them.

The end of wardship — and the 2026 deadline

No new wards of court can be created under the Act. Every existing adult ward must have their case reviewed by the court and be moved to an appropriate arrangement or discharged. The Act set a three-year window for this, ending on 26 April 2026.

Because not every case could be completed in time, the Assisted Decision-Making (Capacity) (Amendment) Act 2026 (enacted 31 March 2026) lets the wardship court extend the deadline in individual cases where there is good reason and it is in the interests of justice. Extensions are capped at 18 months in total and cannot run beyond 25 October 2027. If a family member is still a ward of court, it is worth taking advice now on what their review involves.

The guiding principles behind every arrangement

Whichever route applies, the Act’s guiding principles must be followed. A person must be given all practical support to make their own decision before anyone concludes they cannot. Any action taken must respect the person’s past and present will and preferences, their beliefs and values, and must be the least restrictive of their rights and freedom of action. The person should always be encouraged to participate as fully as possible.

Which option is right for you?

The right arrangement depends on how much support is needed and whether you are acting now or planning for the future. A short conversation with a solicitor is usually the quickest way to match your situation to the correct option and avoid a registration being rejected on a technicality. You can browse all of our fixed-fee options on the Capacity & Decision Support page, or book a Capacity & ADMCA advice consultation.

Frequently asked questions

Does an Enduring Power of Attorney cover medical decisions?

No. An EPA covers property, financial and certain personal welfare matters only. Healthcare treatment wishes must be set out in an Advance Healthcare Directive.

Who oversees these arrangements?

The Decision Support Service, part of the Mental Health Commission, registers the arrangements and supervises assistants, co-decision-makers, representatives and attorneys.

Can someone still be made a ward of court?

No. New wardship applications are no longer possible, and existing adult wards are being reviewed and transitioned under the Act.

This article is general information about Irish law as at June 2026 and has been prepared to be reviewed by an Irish solicitor. It is not legal advice and does not create a solicitor–client relationship. For advice on your own circumstances, please book a consultation with one of our solicitors.