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

Enduring Powers of Attorney Process: Overview and Update

Speaker: Ian Grehan, Head of Operations and Aoife McMahon, Head of Registration, Decision Support Service

• ‘My DSS’ account-opening and alternatives for ID verification
• Steps in the EPA process
• Pitfalls to avoid
• Available resources and supports

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)

Attorneys and Decision-Making Representatives: Supervision and Reporting Duties

Speaker: Kate Frowein, Head of Supervision, Decision Support Service

• Reporting by DMRs
• Section 49 capacity reviews and the DMR
• Reporting by attorneys following notification of an EPA
• Templates reports, resources, and supports

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