When might a Court application be required
If a person is unable to make decisions about their own finances or care due to a lack of capacity, and their family needs to apply for Fair Deal Nursing Home support or a loan on their behalf, they may need to go to the Circuit Court. This is where Part 5 of the Assisted Decision-Making (Capacity) Act 2015, as amended, comes into play. Here is how the process works:
Step 1: Establishing the Person’s Lack of Capacity
Before applying for Fair Deal support or a loan, the Circuit Court must establish that the person cannot make decisions for themselves due to a lack of capacity. This is determined through medical reports and other evidence.
- Medical Assessment: A doctor will provide a report to confirm that the person does not have the mental capacity to make decisions about their care or financial matters.
- Application to the Court: A family member or other concerned person can apply to the Circuit Court, seeking to either become the “decision-making representative” or to have another person appointed to make decisions on behalf of the person who lacks capacity.
Step 2: Appointment of a Decision-Making Representative
Once the Circuit Court confirms that the person lacks capacity, it will appoint a Decision-Making Representative. This person is responsible for managing the affairs of the person in question.
- Who can be a Decision-Making Representative? Usually, a family member applies, but the court can appoint someone else if they feel it is in the person’s best interest.
- Scope of Powers: The court will define the exact powers of the Decision-Making Representative. For Fair Deal applications, these powers would likely include handling financial matters like applying for state support or a nursing home loan.
Step 3: Applying for the Fair Deal Scheme and Loan
Once the Decision-Making Representative is appointed, they can apply for the Fair Deal Nursing Home support and a loan on behalf of the person who lacks capacity.
- Fair Deal Application: This is an application to the Health Service Executive (HSE) to access financial support for nursing home care. The representative will fill out forms and provide the required financial details to determine the level of state support.
- Loan Application (Ancillary State Support): If the family needs a loan to cover the nursing home costs, the representative can also apply for this under the Fair Deal scheme. The loan is typically repaid from the sale of the person’s home or estate after their death.
Step 4: Court Oversight and Reporting
Once the Fair Deal application and loan are processed, the Decision-Making Representative must regularly report back to the Circuit Court on how they are managing the person’s finances and care decisions.
- Annual Reporting: The representative may need to submit reports to the court, ensuring transparency and accountability.
- Further Court Orders: If the representative needs more powers or if circumstances change (e.g., the person’s health improves), they may need to return to court for further orders.
Conclusion
The application process in the Circuit Court under Part 5 of the ADMC Act 2015 helps ensure that vulnerable individuals receive the care and financial support they need when they are unable to make decisions for themselves. By appointing a Decision-Making Representative, the court ensures that the person’s interests are protected, and that their nursing home care and related expenses are responsibly managed.
In summary:
- Establish lack of capacity with medical evidence.
- Apply to the Circuit Court for the appointment of a Decision-Making Representative.
- Apply for Fair Deal support and a loan on behalf of the person.
- Regularly report to the court on how the funds and decisions are being managed.
This process ensures the person gets the care they need while safeguarding their financial and personal interests.
At Ahern Roberts O’Rourke Wiliams & Partners we are assisting families every day with the paperwork and court process. If you require any information, or wish to arrange a call please email maura.lawton@arw.ie or david.williams@arw.ie
Fair Deal and Nursing Home/ Support Ancillary Loans
– when might a Court application be required
If a person is unable to make decisions about their own finances or care due to a lack of capacity, and their family needs to apply for Fair Deal Nursing Home support or a loan on their behalf, they may need to go to the Circuit Court. This is where Part 5 of the Assisted Decision-Making (Capacity) Act 2015, as amended, comes into play. Here is how the process works:
Step 1: Establishing the Person’s Lack of Capacity
Before applying for Fair Deal support or a loan, the Circuit Court must establish that the person cannot make decisions for themselves due to a lack of capacity. This is determined through medical reports and other evidence.
- Medical Assessment: A doctor will provide a report to confirm that the person does not have the mental capacity to make decisions about their care or financial matters.
- Application to the Court: A family member or other concerned person can apply to the Circuit Court, seeking to either become the “decision-making representative” or to have another person appointed to make decisions on behalf of the person who lacks capacity.
Step 2: Appointment of a Decision-Making Representative
Once the Circuit Court confirms that the person lacks capacity, it will appoint a Decision-Making Representative. This person is responsible for managing the affairs of the person in question.
- Who can be a Decision-Making Representative? Usually, a family member applies, but the court can appoint someone else if they feel it is in the person’s best interest.
- Scope of Powers: The court will define the exact powers of the Decision-Making Representative. For Fair Deal applications, these powers would likely include handling financial matters like applying for state support or a nursing home loan.
Step 3: Applying for the Fair Deal Scheme and Loan
Once the Decision-Making Representative is appointed, they can apply for the Fair Deal Nursing Home support and a loan on behalf of the person who lacks capacity.
- Fair Deal Application: This is an application to the Health Service Executive (HSE) to access financial support for nursing home care. The representative will fill out forms and provide the required financial details to determine the level of state support.
- Loan Application (Ancillary State Support): If the family needs a loan to cover the nursing home costs, the representative can also apply for this under the Fair Deal scheme. The loan is typically repaid from the sale of the person’s home or estate after their death.
Step 4: Court Oversight and Reporting
Once the Fair Deal application and loan are processed, the Decision-Making Representative must regularly report back to the Circuit Court on how they are managing the person’s finances and care decisions.
- Annual Reporting: The representative may need to submit reports to the court, ensuring transparency and accountability.
- Further Court Orders: If the representative needs more powers or if circumstances change (e.g., the person’s health improves), they may need to return to court for further orders.
Conclusion
The application process in the Circuit Court under Part 5 of the ADMC Act 2015 helps ensure that vulnerable individuals receive the care and financial support they need when they are unable to make decisions for themselves. By appointing a Decision-Making Representative, the court ensures that the person’s interests are protected, and that their nursing home care and related expenses are responsibly managed.
In summary:
- Establish lack of capacity with medical evidence.
- Apply to the Circuit Court for the appointment of a Decision-Making Representative.
- Apply for Fair Deal support and a loan on behalf of the person.
- Regularly report to the court on how the funds and decisions are being managed.
This process ensures the person gets the care they need while safeguarding their financial and personal interests.
At Ahern Roberts O’Rourke Wiliams & Partners we are assisting families every day with the paperwork and court process. If you require any information, or wish to arrange a call please email maura.lawton@arw.ie or david.williams@arw.ie
