Assisted Decision-Making Act Ireland: What Parents of Disabled Adults Need to Know

Most Irish parents of teenagers with significant disabilities do not know that on their child's 18th birthday, they lose the automatic legal right to manage that child's bank account, make medical decisions, or deal with government agencies on their behalf. Not because of any decision they made — simply because their child became an adult under Irish law.

The Assisted Decision-Making (Capacity) Act 2015 (ADMCA), which fully commenced in April 2023, abolished the Victorian-era Ward of Court system and replaced it with a human-rights-based framework built on a single foundational principle: every adult is presumed to have capacity to make their own decisions, regardless of disability.

For parents, this requires action — not panic, but specific legal arrangements that need to be in place before the 18th birthday.

The Presumption of Capacity: What It Means in Practice

Under the ADMCA, capacity is no longer assessed as an all-or-nothing status. It is assessed functionally, issue-by-issue, and at the specific time a decision needs to be made.

A young adult with Down syndrome or moderate intellectual disability is not automatically "incapacitous." They may be fully capable of deciding where they want to live, what they want to eat, or what activities they enjoy — and legally, these decisions are theirs to make. They may require more support to understand a complex financial contract or a medical consent form — and for those decisions, a formal support arrangement may be appropriate.

This is a fundamental shift from the old ward of court model, where a single court order could strip an adult of all decision-making rights indefinitely.

The Decision Support Service

The Decision Support Service (DSS) is the statutory body established under the ADMCA to manage, register, and supervise decision support arrangements. It operates a portal through which all formal agreements must be registered.

Three tiers of support are available, designed to match the level of intervention to the actual level of need.

Tier 1: Decision-Making Assistance Agreement

This is the lightest-touch arrangement, suitable for young adults who are largely capable of managing their own affairs but benefit from support in gathering information, understanding options, or communicating decisions.

Under a Decision-Making Assistance Agreement:

• The young adult appoints an assistant (typically a parent or trusted person)
• The assistant helps gather information, explain options, and communicate with third parties (banks, doctors, DSP)
• The young adult makes the final decision themselves — the assistant cannot override or substitute their judgement

Registration fee: €15. The agreement is registered through the DSS portal.

This tier suits many young adults with autism, specific learning disabilities, ADHD, or mild intellectual disabilities who are capable of independent decisions but benefit from logistical support in navigating complex systems.

Tier 2: Co-Decision-Making Agreement

This arrangement is appropriate for young adults who have meaningful capacity but require intensive support to make complex decisions — and where joint decision-making better protects their interests than independent decision-making.

Under a Co-Decision-Making Agreement:

• A co-decision-maker is appointed (registered with the DSS)
• Decisions in the specified domain (finances, healthcare, welfare) must be made jointly — neither party can act unilaterally
• The co-decision-maker cannot override the young adult's preferences; they must engage with them, explain options, and reach a shared decision

Registration fee: €90. The agreement must be submitted to the DSS and registered.

This tier suits young adults with moderate intellectual disabilities, significant autism, or other conditions that affect decision-making capacity in specific domains (financial management, medical consent) while leaving other domains intact.

Tier 3: Decision-Making Representation Order

This is the highest level of intervention, reserved for situations where even with extensive support, the young adult lacks capacity to make a specific type of decision.

Under a Decision-Making Representation Order:

• The Circuit Court appoints a representative to make decisions in specified areas on the young adult's behalf
• The order is specific and limited — it does not give blanket control over the young adult's life
• The representative must act in accordance with the young adult's will and preferences, and must report to the DSS

This tier is appropriate for young adults with severe or profound intellectual disabilities, significant acquired brain injuries, or complex medical situations where independent decision-making is not possible even with support.

What Happens to Bank Accounts at 18

One of the most immediate practical problems families face is banking. Banks are subject to GDPR and data protection rules — once your child turns 18, the bank cannot discuss their account with you, cannot let you access statements, and cannot let you manage transactions without either the young person's explicit instruction at the moment of the transaction, or a registered legal arrangement.

For young adults who manage their own Disability Allowance with support, a Decision-Making Assistance Agreement is usually sufficient — the bank can be shown the registered agreement, and the assistant can help the young adult manage their account while the young adult retains ownership of decisions.

For young adults who lack the capacity to independently manage a bank account, a Co-Decision-Making Agreement or Representative Order is required. Some banks will also accept a standard Power of Attorney, but since the ADMCA 2015 has its own Enduring Power of Attorney framework, it is worth getting legal advice on which instrument is most appropriate.

The Ward of Court System: Existing Cases

Families whose adult children were made Wards of Court under the old system — prior to April 2023 — are in a separate situation. All adult wards must be discharged from wardship by October 2027 under the ADMCA's transitional provisions.

The discharge process involves:

1. Filing a Notice of Motion with the Wards of Court Office
2. A functional capacity assessment by a court-appointed Medical Visitor
3. Filing a grounding affidavit reflecting the individual's will and preferences
4. A Circuit Court hearing

The court will then either discharge the ward unconditionally (if capacity is confirmed), or transition them to one of the three-tier support arrangements under the ADMCA.

Families who have a loved one in wardship should not wait until 2027 to initiate this — the courts are managing a large volume of these cases and the process takes time.

What to Do Before Your Child Turns 18

The practical checklist:

1. Assess which tier of support is likely to be needed. For most young people with autism or specific learning disabilities, Tier 1 (Decision-Making Assistance Agreement) is sufficient. For young people with moderate-to-severe intellectual disabilities, Tier 2 (Co-Decision-Making Agreement) is more appropriate. Severe cases may require a Tier 3 order.

2. Register the agreement before the 18th birthday — not on the day, not the week after. The DSS portal processes registrations, and banks and state bodies need to be able to see the registered document.

3. Set up a bank account in the young person's name with appropriate arrangements before turning 18.

4. Brief the GP. Once the CDNT discharges your child at 18, the GP becomes the primary medical anchor. The GP needs to understand the young person's capacity profile and the legal arrangement in place before medical decisions arise.

5. Notify state bodies. The DSP (Disability Allowance), the HSE, and any educational institution should have a record of the relevant support arrangement.

Where to Get Help

The Decision Support Service (decisionsupportservice.ie) has a detailed information section for families, including guides on each tier of support and how to register agreements through the portal.

Legal advice is strongly recommended for Tier 2 and Tier 3 arrangements — a solicitor familiar with the ADMCA can guide you through the registration process and draft appropriate documentation.

Disability-specific organisations including Inclusion Ireland, Down Syndrome Ireland, and AsIAm have published plain-language guides on the ADMCA for families of people with specific disabilities.

The Ireland Post-School Transition Roadmap at /ie/transition/ covers the ADMCA framework alongside the full age-by-age transition timeline — including when to initiate each type of agreement and how it connects to the Disability Allowance switch, the HSE Day Services process, and other key transitions at age 16, 17, and 18.

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