Dementia Pathways. For Primary Care in ireland

What to do if someone lacks capacity and has made no plans for the future

A person may not have planned ahead. If the situation is significant in terms of how it will affect the person’s life but not extremely urgent then someone wishing to be a representative must apply to court for decision-making powers.

  • This application can be made to the Circuit Court who will appoint a Decision Making Representative. 

If the decision is extremely urgent then the decision should be made in accordance with the following principles:

  • Consider the person’s own known past and present wishes and attempt to make a decision that is as close as possible to the decision that person might have made for themselves.
  • Consider the views of others that he/she would name as people to be consulted.
  • Consider the views of any carer/person with a genuine interest in the person’s welfare.
  • Try to make a decision which least restricts the person’s rights and freedom
  • Act at all times in good faith and for his/her benefit only.