In the Matter of the Assisted Decision-Making (Capacity) Act 2015, as amended, and In the Matter of Joan Doe (Approved) [2023] IECC 10 (08 December 2023)

In the Matter of the Assisted Decision-Making (Capacity) Act 2015, as amended, and In the Matter of Joan Doe (Approved) [2023] IECC 10 (08 December 2023)

Joan Doe lacks capacity to make decisions regarding her long-term accommodation, medical treatment, and financial affairs, even with the assistance of a co-decision-maker. Due to conflicts of interest, lack of transparency, and insufficient financial expertise among family members, an independent decision-making representative from the DSS panel is required to safeguard Joan Doe's interests.

Citation
[2023] IECC 10
Parties
Relevant Person: Joan Doe; Applicant: Health Service Executive; Notice Party: John Doe
Jurisdiction
Ireland
Judgment Date
08 December 2023
Procedural Posture
Capacity Application Under the Assisted Decision Making (capacity) Act 2015 / Judgment on Capacity and Appointment of Decision Making Representative
Outcome
Declaration that Joan Doe lacks capacity to make specified decisions; order for appointment of independent decision-making representatives from the DSS panel; family not appointed as DMRs; proceedings adjourned for appointment of nominees.
Legal Topics
Assisted Decision Making, Capacity Assessment, Appointment of Decision Making Representative, Safeguarding Vulnerable Adults, Conflict of Interest in Family Care, Jurisdiction of Circuit Court
Mental Capacity Law Health Law Elder Law Assisted Decision Making Capacity Assessment Appointment of Decision Making Representative Safeguarding Vulnerable Adults Conflict of Interest in Family Care +1 more

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Parties

Joan Doe

Relevant Person

Health Service Executive

Applicant

John Doe

Notice Party

Procedural Posture

Capacity Application Under the Assisted Decision Making (capacity) Act 2015 / Judgment on Capacity and Appointment of Decision Making Representative

Legal Issues

  1. 1 Whether Joan Doe lacks capacity to make decisions regarding long-term accommodation, medical treatment, and financial affairs
  2. 2 Whether family members are suitable to be appointed as decision-making representatives
  3. 3 Whether an independent decision-making representative should be appointed

Ratio Decidendi

Joan Doe lacks capacity to make decisions regarding her long-term accommodation, medical treatment, and financial affairs, even with the assistance of a co-decision-maker. Due to conflicts of interest, lack of transparency, and insufficient financial expertise among family members, an independent decision-making representative from the DSS panel is required to safeguard Joan Doe's interests.

Court Disposition

Declaration that Joan Doe lacks capacity to make specified decisions; order for appointment of independent decision-making representatives from the DSS panel; family not appointed as DMRs; proceedings adjourned for appointment of nominees.

Orders

  • Declaration that Joan Doe lacks capacity to make decisions regarding long-term accommodation, medical treatment (with exceptions), and financial affairs, including management of properties, bank accounts, and pensions.
  • Order that management of properties does not permit disposal without further court application.