Conference Chairperson & Opening Remarks

Nicola Saarsteiner BL, The Law Library  

The Role of Advocacy and The Voice of The Relevant Person

Speaker: Martina Larkin, Legal Support Unit Lead for Sage Advocacy

• Role of advocate in Part 5 applications
• Section 139 and the voice of the relevant person
• Duty of lawyers for relevant person (review of recent judgments

Manual Identification & Registration Processes

Speaker: Aine Flynn and Ian Grehan, Decision Support Service

• Availability and accessibility of manual identification forms for non-digital applicants
• Where to find and how to complete manual ID forms
• Requirements for registering an Enduring Power of Attorney (EPA) with Decision Support Service (DSS)
• Challenges faced by applicants without digital access or MyGovID

Jurisdiction Requirements for CDM/DMA

Speaker: Patricia Rickard-Clarke, Solicitor & Chair of Safeguarding Ireland

• Whether a Capacity and Decision-Making Representative (CDM) or Decision-Making Assistant (DMA) must reside within the jurisdiction
• Impact on appointments if the individual is based abroad
• Legal provisions for appointing cross-border representatives
• Clarification on the role of international legal cooperation in such cases

Costs and Legal Aid for Applications

Speaker: Eleanor Leane, Assistant Director, Civil Operations, The Legal Aid Board

• Financial burden on families applying for a Decision-Making Representative (DMR)
• Breakdown of costs, including legal fees, independent healthcare professional reports, and court expenses
• Availability and eligibility criteria for legal aid in these applications
• How families with limited means can access financial support for the process

Capacity Assessments

Speaker: Emma Slattery BL, Barrister at Law, The Law Library

• Who is legally permitted to perform capacity assessments (e.g., medical practitioners, prescribed healthcare professionals)
• Whether multiple professionals from the same team can jointly conduct a Functional Capacity Assessment
• Why solicitors request additional healthcare reports even when assessments have been completed
• Differences in capacity assessments for different legal applications (e.g., CDM, DMR, EPA)

Family and Attorney Roles in Decision-Making

Speaker: Marie Kinsella, Partner, Phillip Lee

• Can a family member act as a Decision-Making Assistant (DMA) without notifying the Decision Support Service?
• Support available for attorneys managing decision-making responsibilities
• Legal obligations and required reports for attorneys acting under an EPA
• Guidance on the level of detail required in reports submitted to the DSS

Wardship and Discharge Procedures

Speaker: Aisling Mulligan BL, Barrister at Law, The Law Library

• Timeline and urgency of wardship discharge within the statutory deadline of 26 April 2026
• Whether courts or solicitors automatically notify wards about discharge procedures
• The role of general solicitors versus family members in facilitating discharge applications
• Steps service providers should take to support wards through the discharge process

Healthcare Decisions and Ethical Dilemmas

Speaker: Mary Kirwan BL, Barrister & Lecturer at RCSI

• Legal obligations of healthcare professionals regarding advance healthcare directives (AHDs)
• What happens when a person has refused life-sustaining treatment in an AHD but attempts suicide?
• Clarification on exemptions from criminal liability when complying with AHDs
• Uncertainty around defining “basic care” in emergency medical scenarios

Developments With the Inherent Jurisdiction

Speaker: Nora Maguire, Barrister at Law, The Law Library