Capacity Law

The Circuit Court has refused an application to transfer a family home into the joint names of spouses where the transferring spouse lacked capacity and has clarified certain of a lawyer’s duties under the Assisted Decision-Making (Capacity) Act 2015. Delivering the lead judgment for the Circu

The Mental Health Bill 2024, which will replace the existing Mental Health Acts 2001-2022, has been published. The lengthy bill now has 202 sections — up from the 197 sections announced last week due to "formatting/drafting changes made during the quality assurance process".

Ireland's enduring powers of attorney (EPAs) system is at "crisis point" and immediate government intervention is needed, the Law Society has told ministers. Only 10 EPAs have been activated since a new online system was introduced almost 15 months ago, compared to 1,245 the previous year.

The High Court has made findings of actual undue influence and unconscionability and has ordered the repayment of misappropriated funds in a case where a deceased woman's son took advantage of her dementia for his own benefit. Delivering judgment for the High Court, Mr Justice Brian Cregan determine

The High Court has entered judgment for nearly €12 million in favour of Everyday Finance DAC arising from guarantees executed under undue influence and without the benefit of adequate legal advice. Delivering judgment for the High Court, Ms Justice Siobhán Stack determined that the trans

The High Court has determined that it is obliged to carry out a review pursuant to s.108 of the Assisted Decision-Making (Capacity) Act 2015 even where the ward is not and was not suffering with a mental disorder and has no consultant psychiatrist responsible for their care. Delivering judgment for

Eimear Burke, Hannah Unger and Ciara Long of Fieldfisher examine a key Circuit Court decision concerning the application of Ireland's new capacity law. In a recent key Circuit Court decision concerning the application of the Assisted Decision-Making Capacity Act 2015 (as amended), the appointment of

The High Court has held that a previous jurisdiction for the detention of wards of court did not survive the commencement of the Assisted Decision-Making (Capacity) Act 2015. As such, it was held that the proper legal basis for a detention order relied on the inherent jurisdiction of the court. Deli

Over 130 practitioners attended a recent Bar of Ireland conference marking the commencement of the Assisted Decision-Making (Capacity) Act 2015. Delegates heard from a panel of legal experts, academics and from those on the front line of the forthcoming service.

The High Court has refused an application to come off record which was brought by the solicitors acting for an elderly woman in a dispute regarding a will. The woman claimed that she was entitled to benefit from a deceased’s estate as they had co-habited for more than 30 years. However, concer

Community Law & Mediation has launched two guides in partnership with Family Carers Ireland to mark the commencement of the Assisted Decision-Making Capacity Act 2015. The two guides, A Guide on the Legal Aspects of Caring and A Practical Guide for Family Carers on The Assisted Decision-Making C

The wards of court system will come to an end today with the long-awaited commencement of the Assisted Decision-Making (Capacity) Act 2015. A core principle of the new Act is that all persons have the presumption of capacity and should be supported to make their own decisions as far as is possible.

Ireland's controversial wardship system will finally come to an end in April 2023, the government has said. Roderic O'Gorman, the minister for children, equality, disability, integration and youth, and Anne Rabbitte, the minister of state for disability, have confirmed that 26 April 2023 has been se

Emma Slattery BL explores the changes made to the new Assisted Decision-Making (Capacity) (Amendment) Act 2022 as it made its way through the Seanad. The Assisted Decision-Making (Capacity) (Amendment) Act 2022 (Act No. 46 of 2022) was signed into law by the President on Saturday, 17th December 2022

The Court of Appeal has dismissed an appeal which was brought by a solicitor purporting to act on behalf of a ward of court. The court held that the legal practitioners did not have any lawful authority to pursue the appeal after the man had been brought into wardship, which related to the costs of