Capacity Law

Northern Ireland’s High Court has made declarations to the effect that an elderly woman suffering with dementia lacks capacity and can be transferred from hospital to a nursing home for continued care. Delivering judgment for the High Court of Northern Ireland in November, Mr Justice Michael H

The Decision Support Service (DSS) has set out a new procedure for urgently creating or registering an enduring power of attorney (EPA). Under the Assisted Decision-Making (Capacity) Act 2015, all EPAs must be registered with the DSS before they take legal effect.

The Law Society of Ireland has said it had a "constructive" meeting with government officials on the creation of a solicitors' portal for creating enduring powers of attorney (EPA) online. The government has committed to making changes to the online registration system for EPAs operated by the Decis

Northern Ireland's justice and health ministers have been pressed to set out a clear timetable for the implementation of capacity law reforms passed by MLAs nearly a decade ago. Part 5 of the Mental Capacity Act (Northern Ireland) 2016, which provides for lasting powers of attorney covering care, tr

The Law Society of Ireland has sharply criticised the "dysfunctional" online registration system for enduring powers of attorney (EPAs) after it emerged just 2,000 have been registered in the past two years. The Decision Support Service (DSS), part of the Mental Health Commission, yesterday said tha

Northern Ireland's controllership system is virtually non-existent and placing a "cruel and unnecessary burden" on families of disabled adults, former justice minister Claire Sugden has said. The independent MLA yesterday tabled a number of written questions to the justice, finance, health and commu

Northern Ireland's enduring powers of attorney (EPA) framework is "outdated" and in need of urgent reform, former justice minister Claire Sugden has said. Ms Sugden, who chairs the Northern Ireland Assembly's All-Party Group on Ageing and Older People, told ministers to consider introducing somethin

Kevin Healy, solicitor at CKT, reviews a recent decision by Judge John O'Connor in the Circuit Court. An application was made under the Assisted Decision-Making (Capacity) Act 2015 by the children of AB, who had previously been appointed as decision-making representatives (DMRs), for a deed of trans

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