- Assisted Decision Making & Future Planning
Protecting your future health, welfare, and financial security is one of the most important decisions you can make. At Catherine Allison & Co, we specialise in putting comprehensive, legally sound protective measures in place now, giving you peace of mind and ensuring your wishes are respected, even if your decision-making capacity changes.
Our services focus on legally safeguarding your personal and financial autonomy:
Key Future Planning Services
1. Assisted Decision-Making (Capacity) Act 2015
This landmark Irish legislation allows you to legally define how you wish to be supported in making decisions about your personal welfare, property, and affairs. It is particularly relevant for individuals who may have difficulties making decisions now or in the future, such as those with:
- Intellectual disabilities.
- Acquired brain injury.
- Mental health difficulties.
- Dementia.
We help you establish formal decision-making supports so that your voice remains central to any choices affecting your life.
2. Enduring Power of Attorney (EPA)
An EPA is a vital legal document that allows you to formally appoint a trusted person (or people) to manage your financial and personal affairs if you ever lose the mental capacity to do so yourself.
- Financial Affairs: Dealing with bank accounts, property, investments, and paying bills.
- Personal Welfare: Making decisions about where you live and the care you receive.
An EPA is a proactive planning tool that ensures continuity and avoids the need for a lengthy and stressful court application later on.
3. Advance Healthcare Directive (AHD)
An AHD is a written statement outlining the specific medical or surgical treatments you consent to, or refuse to consent to, in the event you become unable to make or communicate those decisions yourself in the future.
- Clarity for Professionals: It lets your family, carers, and healthcare professionals know your firm wishes regarding your treatment.
- Capacity Requirement: Crucially, an AHD only comes into effect if you lose capacity and can no longer communicate your wishes directly.
We understand that discussing capacity can be difficult. Our team handles these matters with sensitivity and expert knowledge to ensure your documents accurately reflect your intentions and comply fully with Irish law.
Would you like to arrange a confidential consultation to begin setting up your future planning arrangements?
FREQUENTLY ASKED QUESTIONS
- What is ‘Capacity’ in a legal sense?
Capacity refers to a person’s ability to understand information relevant to a decision, retain that information, use or weigh that information as part of the process of making a decision, and communicate their decision. The 2015 Act is clear that every person is presumed to have capacity unless proven otherwise.
- Why should I plan for my capacity now?
Planning now ensures your personal wishes, values, and preferences are known and legally binding, even if you lose the capacity to communicate them later. It avoids the need for family members to make difficult decisions or apply to the courts for guardianship (a process which can be slow and expensive).
- Do these measures only apply to the elderly?
No. While often associated with conditions like dementia, capacity can be lost at any age due to a serious accident, acquired brain injury, or sudden illness. These documents provide protection for everyone, regardless of age.
- How does the 2015 Act change things? The Act abolishes the old wards of court system for managing a person’s affairs and replaces it with a range of less restrictive statutory decision-making supports. It focuses on supporting a person’s capacity, rather than replacing it.
- What is the difference between an AHD and an Enduring Power of Attorney?
An AHD relates only to medical and surgical treatment decisions. An Enduring Power of Attorney relates to financial and personal welfare decisions (like where you live, who provides care, and managing your money). They cover distinct areas and it is usually recommended to have both.
- Can an AHD be changed once it’s made?
Yes, provided you still have the necessary capacity to understand and make the changes, you can amend or revoke your AHD at any time.
- When does an EPA take effect?
An EPA only comes into effect if and when you are certified by medical practitioners as having lost mental capacity. Until that point, you retain full control over your affairs.
- What is the role of the appointed Attorney?
The Attorney’s role is to act in your best interests and, where possible, to respect your previous wishes. They can manage your finances, property, and personal welfare, as authorised by the EPA document.
- Can I appoint more than one Attorney?
Yes, you can appoint multiple Attorneys. You must specify whether they must act jointly (all must agree on every decision) or jointly and severally (they can act independently or together).
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