Assisted Decision Making and Capacity Applications

9 th August – ex parte leave application. All matters held in camera, which means the only persons
present in Court are those directly related to the matter in hand.
I opened my application to Judge Quinn in Circuit Court 28 The Four Courts, my client was the
brother of the relevant person and as such we were required to bring a leave application. The leave
application is where you seek the permission of the Court to bring the application for the
appointment of a Decision Making Representative. The application proper must be fully opened to
the Court. The Judge was most helpful given that the new legislation is bedding in. We were granted
our order for leave to bring the application to have my client appointed DMR for his sister.
After receiving the Circuit Court order granting leave from the Circuit Court office the following
week, we served the relevant person with the Court Order together with the necessary Court papers
and obtained our Court date for 3 weeks thereafter. Court date of the 6 th September obtained.

Substantive application – 6 th September
My client was present in Court, Judge O’Connor of Circuit Court 22 wants the applicant to be present
in Court. These applications have serious implication for the relevant person in that they involve the
taking away of the relevant persons liberty therefore it is important the the persons making the
application are in Court.
The Judge was very helpful throughout the application. The absence of the relevant person must be
addressed in that the Court will ensure that their voice be heard. Where the relevant person is not in
Court, the Judge will direct that an advocacy service for the elderly attend with the relevant person
for the purposes of ascertaining the persons will and preference and reporting back to the Court on
the next Court date.
Matter adjourned to the 13 th October to allow for advocate attendance and for final orders to be

COURT DATE 3 – 13 th October – details coming soon.