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Navigating the new normal: A guide to the Assisted Decision-Making Act
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For over 150 years, Ireland’s approach to diminished capacity was an all-or-nothing system of wardship. Today, the Assisted Decision-Making (Capacity) Act has replaced control with support, putting families at the heart of the process. As the April deadline for transitioning wards approach, we speak to financial expert Marina Giblin about navigating this complex emotional and legal shift.
For many Irish families, the term “Ward of Court” carried a heavy weight. It was a system that, while designed to protect, often ended up stripping individuals of their right to make even the simplest choices about their lives. But as of April this year, that system is being consigned to history.
The Assisted Decision-Making (Capacity) Act 2015, which is in its final stages of transitioning all existing wards back to autonomy, represents a “seismic cultural shift”, according to advocacy groups. It moves Ireland away from a paternalistic “best interests” model and toward a rights-based approach where a person’s will and preference are the law. The bedrock of the Act is that everyone is presumed to have the capacity to make a decision unless the contrary is proven. It presumes that every adult has capacity and assesses capacity decision by decision, based on the person’s ability at the time. It also abolishes wardship entirely, with all existing wards transitioning to new arrangements overseen by the Decision Support Service (DSS) by April this year.
It is important to note that these new discharge processes apply only to adults; children under the age of 18 will remain in the wardship system until they reach adulthood.
One of the most significant aspects of this new era is the clarity it brings to family roles. For years, many operated under the myth of the next of kin, believing that being a spouse or a child gave them automatic legal authority over a loved one’s affairs.
Under the new Act, this is replaced by a formal, tiered system of support. Families are no longer just onlookers; they can now be legally recognised as Co-Decision Makers or Decision-Making Representatives. This gives families the legal teeth to help their loved ones manage bank accounts, sign contracts or consent to medical treatments, all while keeping the individual in the driver’s seat.
For many families, the Act represents a profound shift, where they play a central role in supporting informed, meaningful decisions. For families who have been caring, advocating and planning for years, this change brings both relief and responsibility. To understand what the shift means in practice, we spoke with Marina Giblin, senior portfolio manager at Cantor Fitzgerald Ireland, about her experience supporting families through this transition.
Marina – Can you tell us about your background and your interest in assisted decision-making?
I’ve worked in financial services for almost 30 years, and I’m also the mother and advocate of an exceptional child. My experience gives me a deep understanding of the assumptions that can often surround vulnerability and capacity, and the cultural change still needed across health, social care and legal settings.
In my role at Cantor Fitzgerald Ireland, I support individuals and their families as they navigate their exit from wardship, bringing together my personal insight, advocacy experience and financial expertise to help families navigate what can be an emotional and complex transition.
Why is the Assisted Decision-Making (Capacity) Act such a significant departure from the old wardship system?
The Act moves Ireland from a model of control to one of supported autonomy. Under wardship, decision-making powers were effectively removed from individuals and placed under High Court supervision. The new framework presumes capacity and offers tiered supports so that people can remain involved in decisions about their own lives. It’s a more dignified, person-centred approach and brings Ireland in line with international best practice.
What challenges are families most often facing when they exit wardship?
Families tell us they feel both relief and pressure. They’re grateful that their loved one’s voice is recognised, but they also take on new responsibilities, including managing financial settlements, planning for long-term care, ensuring compliance with DSS oversight and making day-to-day decisions alongside caring responsibilities.
Many are balancing this while managing their own ageing, health or work commitments. It can be overwhelming without the right support.
How can financial professionals help?
While solicitors remain central to the legal process, they’re increasingly involved in conversations about long-term financial sustainability, investment planning, risk management and the realities of funding care over decades. Financial professionals can work alongside solicitors to support families, allowing each adviser to focus on their area of expertise and creating a joined-up support system.
What practical steps can families take to ensure long-term financial security for a vulnerable adult?
Start early and build a long-term plan. At Cantor Fitzgerald Ireland, we model future care costs, evaluate income needs and design appropriate investment strategies alongside robust controls on access and oversight. Families should review wills, Enduring Powers of Attorney (EPAs) and advance healthcare directives to ensure they align with the new framework.
What is the situation for minors?
Under the new rules, if a child is a Ward of Court, their case will only be reviewed by the courts within six months of them turning 18. At that point, they will either be discharged fully or moved into one of the new adult support tiers.
With no dedicated adult-safeguarding legislation in Ireland, what risks should families and practitioners be aware of?
The absence of a statutory safeguarding framework means there is no dedicated legal mechanism to protect vulnerable adults from financial abuse or exploitation. That makes good governance essential – clear record keeping, appropriate oversight, strong financial structures and regular reviews. Families should ensure they work with regulated professionals who understand the sensitivities involved and who prioritise transparency and protection.
Don’t go it alone. The ADM Act is a positive step, but it brings responsibilities that are best managed with a strong team around you.
How does Cantor Fitzgerald Ireland support families and solicitors on the financial side of ADM?
We take a relationship-led approach. We help families structure settlements, design investment strategies, model long-term care needs and stay compliant with the reporting obligations that come with DSS arrangements. Our aim is to reduce the administrative burden and provide clarity and reassurance as families exit wardship and plan for the future.
What can families, often overwhelmed with the administrative load of ADM, expect if they come to you?
Families value patience, empathy and clarity, which is what we provide. They want someone who listens, avoids jargon and provides practical, understandable advice and a transparent fee structure with no hidden costs or charges. Reliability and continuity are essential as many of these plans must endure for decades. Families need a steady, trusted presence who can combine technical expertise with genuine understanding, which is something we provide.
If you could offer one key piece of advice to families, what would it be?
Don’t go it alone. The ADM Act is a positive step, but it brings responsibilities that are best managed with a strong team around you. Legal advisers, financial planners and support organisations each have a role to play. Engaging early can give families confidence and ensure the person at the centre of every decision is supported in the way the Act intends.
To speak with the Cantor Fitzgerald Ireland ADM team, email: adm@cantor.com.
This is a Marketing Communication.
WARNING: This does not constitute a personal recommendation or investment advice. The value of your investments can go down as well as up. Cantor Fitzgerald are not tax advisors. You should seek tax advice regarding your personal circumstances.
Cantor Fitzgerald Ireland Ltd is regulated by the Central Bank of Ireland.
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