{"id":844,"date":"2023-10-04T22:19:48","date_gmt":"2023-10-04T19:19:48","guid":{"rendered":"https:\/\/lawlorkiernan.ie\/?p=844"},"modified":"2024-11-28T14:40:38","modified_gmt":"2024-11-28T11:40:38","slug":"assisted-decision-making-capacity-applications","status":"publish","type":"post","link":"https:\/\/lawlorkiernan.ie\/en\/assisted-decision-making-capacity-applications\/","title":{"rendered":"Assisted Decision Making and Capacity Applications"},"content":{"rendered":"<p>COURT DATE 1<br \/>\n<strong>9 th August<\/strong> \u2013 ex parte leave application. All matters held in camera, which means the only persons<br \/>\npresent in Court are those directly related to the matter in hand.<br \/>\nI opened my application to Judge Quinn in Circuit Court 28 The Four Courts, my client was the<br \/>\nbrother of the relevant person and as such we were required to bring a leave application. The leave<br \/>\napplication is where you seek the permission of the Court to bring the application for the<br \/>\nappointment of a Decision Making Representative. The application proper must be fully opened to<br \/>\nthe Court. The Judge was most helpful given that the new legislation is bedding in. We were granted<br \/>\nour order for leave to bring the application to have my client appointed DMR for his sister.<br \/>\nAfter receiving the Circuit Court order granting leave from the Circuit Court office the following<br \/>\nweek, we served the relevant person with the Court Order together with the necessary Court papers<br \/>\nand obtained our Court date for 3 weeks thereafter. Court date of the 6 th September obtained.<\/p>\n<p>COURT DATE 2<br \/>\nSubstantive application \u2013 <strong>6 th September<\/strong> \u2013<br \/>\nMy client was present in Court, Judge O\u2019Connor of Circuit Court 22 wants the applicant to be present<br \/>\nin Court. These applications have serious implication for the relevant person in that they involve the<br \/>\ntaking away of the relevant persons liberty therefore it is important the the persons making the<br \/>\napplication are in Court.<br \/>\nThe Judge was very helpful throughout the application. The absence of the relevant person must be<br \/>\naddressed in that the Court will ensure that their voice be heard. Where the relevant person is not in<br \/>\nCourt, the Judge will direct that an advocacy service for the elderly attend with the relevant person<br \/>\nfor the purposes of ascertaining the persons will and preference and reporting back to the Court on<br \/>\nthe next Court date.<br \/>\nMatter adjourned to the 13 th October to allow for advocate attendance and for final orders to be<br \/>\nmade.<\/p>\n<p>COURT DATE 3 \u2013 <strong>13 th October<\/strong> &#8211; details coming soon.<\/p>","protected":false},"excerpt":{"rendered":"<p>COURT DATE 1 9 th August \u2013 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 [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"yst_prominent_words":[],"class_list":["post-844","post","type-post","status-publish","format-standard","hentry","category-bez-rubriki"],"_links":{"self":[{"href":"https:\/\/lawlorkiernan.ie\/en\/wp-json\/wp\/v2\/posts\/844","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lawlorkiernan.ie\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawlorkiernan.ie\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawlorkiernan.ie\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lawlorkiernan.ie\/en\/wp-json\/wp\/v2\/comments?post=844"}],"version-history":[{"count":3,"href":"https:\/\/lawlorkiernan.ie\/en\/wp-json\/wp\/v2\/posts\/844\/revisions"}],"predecessor-version":[{"id":847,"href":"https:\/\/lawlorkiernan.ie\/en\/wp-json\/wp\/v2\/posts\/844\/revisions\/847"}],"wp:attachment":[{"href":"https:\/\/lawlorkiernan.ie\/en\/wp-json\/wp\/v2\/media?parent=844"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawlorkiernan.ie\/en\/wp-json\/wp\/v2\/categories?post=844"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawlorkiernan.ie\/en\/wp-json\/wp\/v2\/tags?post=844"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/lawlorkiernan.ie\/en\/wp-json\/wp\/v2\/yst_prominent_words?post=844"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}