Disability Law Solicitors Dublin – Assisted Decision Making Ireland
Specialist disability law solicitors providing expert legal representation under the Assisted Decision-Making (Capacity) Act 2015. From capacity assessments to wardship discharge, we protect the rights of persons with disabilities across Ireland.
Assisted Decision Making
KOD Lyons operates a specialist disability law practice working on behalf of individuals and together with non-governmental organisations in promoting the rights of persons with disabilities in Ireland. We provide expert legal advice and representation across multiple areas of disability law, supporting families and advocacy groups in securing appropriate services and challenging discriminatory decisions.
Our disability law team has developed particular knowledge in the Assisted Decision-Making (Capacity) Act 2015, which fundamentally changed Ireland’s approach to capacity and decision-making support. We work closely with disability advocacy organisations, family members, and support services to ensure persons with disabilities receive appropriate legal protection while maximising their autonomy and independence.
Disability and Mental Health Law, Carers Law & Assisted Decision Making
Legislative Framework and Implementation
As of April 2023, the Assisted Decision-Making (Capacity) Act 2015 (“the Act”) has commenced, bringing significant changes to Disability and Mental Health Law in Ireland. The Act transposes the UN Convention on the Rights of Persons with Disabilities (the “Convention”), an international treaty that identifies the rights of persons with disabilities as well as the obligations on parties to the Convention to promote, protect and ensure those rights. Ireland was one of the first countries to sign the Convention in 2007, and the time taken for it to become enforceable law in this jurisdiction reflects its wide scope and transformative nature.
From an ideological perspective, the Act moves away from the paternalistic “best interests” framework, towards a functional test of capacity and a model which seeks to broaden capacity for those with decision-making issues or impairments. This represents a fundamental shift in Irish disability law, placing the person with disabilities at the centre of decisions affecting their lives while providing appropriate support structures.
Our Collaborative Approach
KOD Lyons works closely with established organisations and support groups including Sage Advocacy (a support group for older people), Down Syndrome Ireland, the DCA Warriors, and AsIAm in advancing the rights and interests of children and adults with additional needs and their families and carers. These partnerships enable us to provide holistic legal support that addresses both individual cases and systemic advocacy for policy change.
We recognise the importance of internationally recognised concepts in the area of disability law and policy as set out in the Act and the Convention including:
- Dignity and autonomy and the legal capacity of the person
- The right to independent living in community settings
- Supported decision making for persons with disability
- The right of such persons and their families not to be discriminated against on the basis of disability
- Self-determination and the dignity of risk in personal choices
Core Assisted Decision-Making Services
Assisted Decision-Making Arrangements
The Act makes provision for three new types of assisted decision-making arrangements that replace traditional wardship procedures:
- Decision-Making Assistance Agreement A formal arrangement where a person with capacity appoints another person to provide support in making decisions. The decision-maker retains full legal capacity and makes their own decisions with assistance.
- Co-Decision-Making Agreement
An arrangement where decisions are made jointly between the person with disabilities and their appointed co-decision-maker. Both parties must agree before decisions can be implemented. - Decision-Making Representation Order A court-ordered arrangement where a representative makes decisions on behalf of a person who lacks capacity in specific areas. This is the most restrictive option and requires High Court approval.
KOD Lyons provides expert advice in relation to the drafting, execution, and (where appropriate) registration of these agreements and orders, which give legal standing to people and agencies who can provide assistance in decision-making to relevant people and enlarge capacity while respecting personal autonomy.
Advanced Healthcare Directives
The Act makes provision for the formal recognition of Advanced Healthcare Directives, whereby a person can make provision for their wish to refuse certain medical treatment in the future at a time when they no longer have capacity to make a decision regarding this treatment. An Advanced Healthcare Directive can be a useful legal vehicle in end-of-life planning, where a person wants to ensure that their religious or ideological beliefs regarding a certain form of medical treatment are respected.
Advanced Healthcare Directives are particularly relevant for persons who suffer from mental health conditions whereby they experience periods of mania or psychosis where their capacity is questioned and wish to set out their wishes for their treatment during these periods. Our specialists work with medical professionals, families, and individuals to ensure these directives meet legal requirements while reflecting personal values and preferences.
Discharge from Wardship
As part of the commencement of the Act, all Wards of Court must be discharged by the High Court or the Court that took them into wardship initially, in favour of an arrangement under the new Act. All Wards must be discharged by 26th April 2026. As part of this process, the High Court examines the appropriate assisted decision-making needs in respect of current wards of court.
This transition represents a fundamental change from the old wardship system to the new supported decision-making model. We provide advice to outgoing wards themselves and/or their current support people and agencies, and to incoming assisted decision-making representatives, ensuring smooth transitions that respect the person’s rights while maintaining necessary protections.
Related Disability Law Services
Employment law
We represent employers and employees before the Workplace Relations Commission with regard to disability discrimination cases. We also advise employers on their reasonable accommodation obligations to prospective employees with disabilities, ensuring compliance with equality legislation while promoting inclusive workplace practices.
Our employment disability practice addresses discrimination in recruitment, workplace adjustments, career progression, and termination procedures. We work with employers to develop disability-inclusive policies while representing employees facing discrimination or inadequate accommodation.
Housing Law
We act on behalf of persons with disabilities and their families both in terms of advocating with local authorities and local councils to ensure adequate accommodation for persons with disabilities and in accessing grants and supports to ensure independent community living.
Housing law affects persons with disabilities through accessible accommodation requirements, adaptation grants, and supported living arrangements. Our housing specialists challenge discriminatory practices while securing appropriate accommodations that promote independence and community integration.
Child Welfare
We have a specialist Children’s Court and Childcare Team representing persons with disabilities before the District Court in child care proceedings with the Health Service Executive. KOD Lyons also provides information and advice to individuals and organisations on the Convention on the Rights of Persons with Disabilities and its implementation in Irish law.
We act on behalf of families directly affected by late diagnosis in their child’s care by service providers and advocate continuously to ensure that appropriate and timely services for children and their families are provided. Our child welfare practice addresses the intersection between disability rights and child protection, ensuring that children with disabilities receive appropriate support while maintaining family unity where possible.
Domiciliary and Care Allowances
We have experience in challenging decisions restricting the entitlements and rights of parents and carers, working closely with advocacy organisations in this area. Our practice has addressed challenges to the provisions of the Disability Act 2005 and the failure of the HSE to deliver assessments of need in compliance with their statutory requirements.
Social welfare law significantly affects families caring for persons with disabilities, through domiciliary care allowance, carer’s allowance, and disability allowance systems. We represent families in appeals against refusal decisions while advocating for policy improvements that better support families and carers.
Why Choose KOD Lyons for Disability Law?
Specialist Legislative Knowledge
Our disability law team has developed detailed understanding of the Assisted Decision-Making (Capacity) Act 2015 and its implementation, providing practical guidance on the transition from wardship to supported decision-making arrangements while ensuring compliance with new legal requirements.
Advocacy Organisation Partnerships
We work closely with established disability advocacy organisations, enabling us to provide comprehensive support that addresses both individual legal needs and systemic advocacy for policy change affecting the disability community.
Family-Centred Approach
Disability law affects entire families, requiring sensitive legal advice that balances individual rights with family dynamics and support systems. Our approach recognises these complexities while prioritising the autonomy and dignity of persons with disabilities.
Multi-Disciplinary Coordination
Disability law cases often require coordination with medical professionals, social workers, educational specialists, and support services. We maintain professional relationships across these disciplines to ensure comprehensive case management.
Current Disability Law Developments
Implementation Challenges
The transition to the new assisted decision-making framework presents practical challenges for families, service providers, and the courts. Our team monitors implementation developments while providing guidance on best practices for new legal arrangements.
Policy Advocacy
We participate in policy discussions affecting disability rights, contributing to consultations on regulations, guidelines, and service delivery improvements that affect our clients and the broader disability community.
International Developments
Irish disability law increasingly reflects international human rights standards, requiring awareness of European Court decisions, UN Committee guidance, and comparative law developments affecting disability rights protection.
Frequently Asked Questions
Related Legal Services
Explore our other practice areas:
- Personal Injuries & Public Interest – Compensation claims and constitutional challenges
- Child & Family Law – Divorce, separation, and child protection matters
- Criminal Defence & Human Rights – Criminal representation and constitutional litigation
Connect with KOD Lyons across all our legal specialities for comprehensive legal support.
Contact Our Disability Law Team
Expert Legal Advice for Disability Matters
Disability law affects fundamental rights to independence, dignity, and community participation. Our specialist team provides immediate advice on assisted decision-making arrangements, wardship discharge, and all aspects of disability rights law.
Call the Office: +353 1 679 0780
After Hours: +353 86 085 9800
Email: info@kodlyons.ie
Consultations Available for All Disability Law Matters
