Decision Support Service Ireland
Until recently, the only option for families dealing with an adult who had lost mental capacity was the Ward of Court system — a blunt, expensive process that stripped the person of virtually all decision-making rights. The Decision Support Service has replaced that system with something fundamentally different, and the transition affects anyone who has an aging parent, a relative with an intellectual disability, or who is planning their own affairs.
What Changed
The Assisted Decision-Making (Capacity) Act 2015, now fully operational, abolished the Ward of Court system and established the Decision Support Service (DSS) as the new oversight body. The critical shift is philosophical: the old system assumed an all-or-nothing approach to capacity (either you had it or you didn't), while the new framework treats capacity as decision-specific and potentially fluctuating.
Under the DSS model, a person is presumed to have capacity unless the contrary is proven, and the level of support is matched to the level of need rather than imposing blanket control.
The Three Tiers of Support
The 2015 Act introduced a graduated system:
Decision-Making Assistant: For someone who needs help understanding information but can ultimately make their own decisions. The assistant explains options and helps gather information, but the person retains full decision-making authority.
Co-Decision-Maker: For someone who needs a trusted person to make decisions jointly with them. Both parties must agree on decisions — neither can act alone. This requires a formal Co-Decision-Making Agreement registered with the DSS.
Decision-Making Representative: Appointed by the Circuit Court when a person is unable to make specific decisions even with support. This is the closest equivalent to the old wardship system but is more targeted — the representative's authority is limited to specific areas of decision-making identified by the court.
What Happened to Existing Wards of Court
All existing Wards of Court are being systematically reviewed and transitioned into the new DSS framework. The transition process involves reviewing each ward's circumstances and determining which tier of support is appropriate.
For executors and personal representatives, this matters if the deceased was a Ward of Court at the time of death. Before applying for probate, you must coordinate with the Office of the Wards of Court to formally discharge the wardship and secure the release of any funds held in court.
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EPAs Under the DSS
Enduring Powers of Attorney are now registered with and supervised by the DSS rather than the old system. The DSS handles initial EPA registration (€30 fee), activation when capacity is lost (€90 notification fee), and ongoing supervision of active attorneys, including mandatory annual financial reporting.
The DSS also investigates complaints about attorneys who may be abusing their position — something the old system had limited capacity to do.
Why This Matters for Planning
The practical implication for families is that setting up an EPA while your parent still has capacity is now more important than ever. Without one, the path to managing a person's affairs goes through a Circuit Court Decision-Making Representation Order — a formal, time-consuming, and costly process compared to having a pre-registered EPA that simply needs to be activated.
The Ireland End-of-Life Planning Guide covers the full EPA setup process through the MyDSS portal, alongside the other lifetime planning documents that should be in place before a capacity crisis arrives.
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Download the Ireland — End-of-Life Planning Checklist — a printable guide with checklists, scripts, and action plans you can start using today.