Established 1981 · Dublin & Kilkenny📞 01 5827148
Assisted Decision-MakingMary Molloy Solicitors

Assisted Decision-Making Solicitor

Capacity law for the families living it, across Leinster — the daughter whose father has dementia and a house that needs selling, the parents of an adult son with an intellectual disability, the former ward leaving wardship, the family the bank has just frozen out of an account. We work through the 2015 Act with families every week.

📞 Call 01 5827148Pathway Finder

45+Years Experience
1981Established
2Offices
TEPQualified
12Leinster Counties Served

What we do

Mary Molloy Solicitors has been in practice since 1981. This site is our dedicated capacity law practice: the Assisted Decision-Making (Capacity) Act 2015, the Decision Support Service, and the Circuit Court applications that let families act lawfully for a person who can no longer make certain decisions alone. Richard O'Shea is a solicitor and Trust and Estate Practitioner (TEP) — the international credential for vulnerable-client and estate work — and this is the work the credential was built for.

The Act

The 2015 Act Explained

Wardship is gone. The Assisted Decision-Making (Capacity) Act 2015 replaced it — here is the whole system in plain English.

The complete guide →
Court Applications

Decision-Making Representation

When a person can no longer make certain decisions, the Circuit Court can appoint a decision-making representative. We run these applications for families.

DMR applications →
Court Applications

Capacity Applications

The Circuit Court's capacity jurisdiction — how applications work, who is heard, what the court can order.

How applications work →
Property

Selling Property & Capacity

A house that needs selling when an owner lacks capacity — the applications that make the sale lawful.

Property & capacity →
Money

The Frozen Bank Account

When the bank stops accepting a family's instructions — what institutions require and what actually unlocks an account.

Frozen accounts →
Agreements

Co-Decision-Making Agreements

A trusted person appointed to make certain decisions jointly — registered with the Decision Support Service.

Co-decision-making →
Agreements

Decision-Making Assistance

The lightest support arrangement — help accessing information and understanding options, with the person still deciding.

Assistance agreements →
Healthcare

Advance Healthcare Directives

Setting out treatment wishes in advance, and appointing a designated healthcare representative.

Advance directives →
Wardship

Former Wards of Court

Wardship has been abolished and wards reviewed — what discharge means and what replaces the old committee.

Leaving wardship →
Nursing Home

Fair Deal & Capacity

Applying for nursing home support when the person can't apply themselves — care representatives and DMR powers.

Fair Deal & capacity →
Families

A Parent With Dementia

The adult child's guide — what to put in place, in what order, and what can wait.

The family guide →
Disputes

Objections & Disagreements

When family members disagree about a parent's arrangements — objections, variations and the court's role.

Disputes →

Not sure which arrangement your family needs? Try the Pathway Finder

The 2015 Act created a ladder of supports — decision-making assistance, co-decision-making, decision-making representation, advance planning. Answer eight quick questions about your situation and get a plain-English read-out of which arrangement fits, what it involves and what to do first. Free, anonymous, two minutes.

Start the Pathway Finder

How we work

Will and preferences, not paperwork first. The Act's guiding principles start with a presumption of capacity and respect for the person's own will and preferences. So do we — the right arrangement is the least restrictive one that actually works.

Honest about what needs a solicitor. Some of the Act's arrangements are designed for families to put in place themselves through the Decision Support Service; court applications are not. We tell you which is which before you spend money — a fixed quote in writing before any work starts.

Two offices, twelve counties. Capacity applications are heard in the Circuit Court. From Ormond Quay in Dublin 7 and Rose Inn Street in Kilkenny, we cover circuits across Leinster — and most of the work travels by phone, post and email anyway.

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

What does an assisted decision-making solicitor do?

We advise on the Assisted Decision-Making (Capacity) Act 2015: which support arrangement fits a person's situation, Circuit Court applications to appoint a decision-making representative, property and financial transactions where capacity is in question, former wardship matters, and disputes between family members about arrangements.

What happened to wardship?

Wardship for adults was abolished when the 2015 Act commenced in April 2023. No new adult wards are made, and existing wards have been reviewed and discharged into the new framework. The Circuit Court and the Decision Support Service now operate a tiered system built around the person's own will and preferences.

Do we need to go to court?

Only for some things. Decision-making assistance and co-decision-making agreements are made by the person themselves (the latter registered with the Decision Support Service). A decision-making representation order — needed when the person cannot make the relevant decisions even with support — is a Circuit Court application. The Pathway Finder gives you a first read on which applies.

Where are your offices?

The Ormond Building, 31–36 Ormond Quay Upper, Dublin 7 — minutes from the Four Courts — and 2 Rose Inn Street, Kilkenny. One number reaches both: 01 5827148. We act for families across the twelve counties of Leinster.

How do your fees work?

A fixed quote in writing before any work starts; if the scope changes, the quote is revised in writing before we continue. In contentious business, a solicitor may not calculate fees as a percentage of any award or settlement. See how costs work in capacity matters.

My mother is losing capacity and nothing is in place. What's the first step?

Don't panic, and don't sign anything yet. What fits depends on what she can still decide with support — capacity under the Act is decision-specific, not all or nothing. Start with the after-diagnosis guide or call us; the first conversation is about scoping, not fees.

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