Under the Assisted Decision-Making (Capacity) Act 2015, the court can appoint a Decision-Making Representative (DMR) to make specific decisions on a person’s behalf. This may relate to matters such as healthcare, living arrangements, property, or finances.

How Does the Process Work?

The application begins with a medical assessment confirming that the person lacks capacity to make specific decisions. Once the capacity report is ready, you must prepare and submit three key documents to the Circuit Court office setting out the decisions that need to be made on the person’s behalf:

• Capacity Application
• Statement of Particulars
• Grounding Affidavit

The person concerned, their family members, and other relevant parties must be notified of the application before the Court hearing.

At the hearing, the Judge will consider the evidence and decide whether appointing a Decision-Making Representative is necessary. If appointed, the representative must act in accordance with the person’s wishes and preferences wherever possible.

What Happens After Appointment?

Once appointed, the Decision-Making Representative can carry out the responsibilities granted by the Court Order, such as managing finances, dealing with property, or making certain welfare decisions. They must also register with the Decision Support Service (DSS) and comply with ongoing reporting requirements.

Decision-Making Representative Orders provide an important safeguard for vulnerable adults who can no longer make certain decisions for themselves. They ensure that necessary decisions can be made while protecting the person’s rights, dignity, and independence as much as possible.

If you would like help with a DMRO or any other legal matter please contact us here info@mcgrathmullan.ie.

More legal article from McGrath Mullan:

• Irish Citizenship by Descent – are you entitled?
• Recent Changes to the Non-EEA Policy Document
• I have received a deportation notification in Ireland. What now?
• Court Directed Mediation
• Rights of Residence
• Advance Healthcare Directive
• Parent of an Irish citizen child: immigration permission in Ireland
• The Good Character Test in Naturalisation Applications 

• If they have a grandparent who was born on the island of Ireland; or
• If their parent was born outside of Ireland but was an Irish citizen at the time of their child’s birth

In both cases, the application for citizenship is made through a Foreign Birth Registration application.

The application is made to the Department of Foreign Affairs, and requires a variety of supporting documents to be submitted such as original birth, marriage and death certificates.

For citizenship applications on the basis of descent alone, the main requirement is to prove you fit within one of the two categories above – there is no requirement to show any period of residence in Ireland.

Once the application is approved, a person is deemed to be an Irish citizen and can apply for their Irish passport.

If neither of the above cases apply, then there is no entitlement to Irish citizenship through descent alone – although depending on the particular circumstances, it may still be possible to apply for citizenship on the basis of Irish Associations.

To be eligible for citizenship on the basis of Irish Associations, a person must show that, in addition to Irish ancestry/descent/Irish citizen family members, they have a sufficiently strong connection to Ireland – this is assessed by looking at factors such as frequent visits to Ireland, periods of residence in Ireland, involvement with cultural, sporting or other activities/groups which have contributed significantly to Ireland, etc. For more information on applications on the basis of Irish Associations check out our article: “New guidelines published for Irish citizenship applications on the basis of Irish Descent and Irish Associations”.

If you are interested in applying for Irish citizenship on the basis of Irish descent or Irish associations, we would be happy to meet with you for an initial consultation to advise you on your eligibility and the application process. Please email us at info@mcrathmullan.ie or call us on +353 (0) 1 873 5012 for more information.

More legal articles from McGrath Mullan:

• The Interplay Between Immigration Laws in Ireland and Northern Ireland
• Why Recognising Foreign Divorces Matters in Irish Probate
• Upcoming Changes to Employment Permits Remuneration
• Change of Employer Applications
• Thinking of Selling your Property? These are the Documents you Need.
• Visas for Volunteers
• What documents do I need when applying for Foreign Birth Registration? Are there alternatives to what is asked for?
• Employment Visa Appeal
• eConveyancing in Ireland
• Continuous Residence and Naturalisation
• Eligibility for a Stamp 4 EUFAM application based on marriage or de facto partnership with an EEA National

Chief among these changes are the following:

Suitable Accommodation

1. Category C sponsors, and general employment permit holders, will be subject to stricter accommodation arrangements. These sponsors must provide evidence of suitable accommodation which demonstrates that their family members will not be living in overcrowded conditions. For example, the sponsor and their spouse must have their own bedroom. And there must be one bedroom for every additional two children, however, this rule changes depending on the age and sex of the children, in which case, more bedrooms may be required.
2. Where children are involved, there must not be any unrelated adults living in the accommodation.
3. Where accommodation is rented, the property must be registered with the Residential Tenancy Board.
4. All sponsors will be ineligible if they are residing in supported accommodation. Whilst the meaning of ‘supported accommodation’ has not been defined, it is our view that this includes any State supported accommodation such as social housing, accommodation centres, temporary housing and emergency shelters.

Increased Income Thresholds

1. Irish sponsors will now be required to have earned at least €75,000 over the past three years, which is a considerable increase from the previous €40,000 requirement.
2. Category C sponsors who are seeking to sponsor their spouse only, are required to have earned at least €30,000 in the previous year.
3. However, where category C sponsors are also seeking to sponsor a spouse and one or more children, there has been an increase from €44,300 gross income in the previous year, to €50,200 when sponsoring a spouse and one child. And that amount increases by approximately €10,000 for each additional child sponsored.
4. Where a dependent adult relative is being sponsored, the gross annual income has increased from €92,789 to €96,929 and that amount must have been earned by the sponsor in ‘each’ of the previous three years.

If you interested in applying for a join family visa, or if you would like some detailed advice in relation to the above recent changes, please contact our office to book your consultation with one of our immigration solicitors.

More articles on Irish Law from McGrath Mullan:

• I have received a deportation notification in Ireland. What now?
• Court Directed Mediation
• Rights of Residence
• Parent of an Irish citizen child: immigration permission in Ireland
• Advance Healthcare Directive
• The Good Character Test in Naturalisation Applications 
• Capital Acquisitions Tax (CAT) in Ireland
• Family Reunification in Ireland: Key Financial Thresholds and Requirements (Post-2025 Reform)

The notification under Section 3

When a person becomes illegally resident in the State, or has their international protection claim refused by the Minister for Justice, they receive a notification of intention to deport, issued under Section 3 of the Immigration Act 1999. This notification is sent to the person and also to their legal representative, where those details are known.

From that moment, three paths become available. The person may leave the State voluntarily, may consent to deportation, or may submit written representations to the Minister setting out why a deportation order should not be made against them. Those representations must be submitted within 15 working days of the notification, and that window is short. This is why seeking legal advice as soon as the letter arrives is so often decisive.

What the Minister considers

Each case is decided on its own merits. In examining any representations submitted, the Minister is required to have regard to the factors set out in Section 3(6) of the Immigration Act 1999. These include the person’s age, their duration of residence in the State, their family and domestic circumstances, the nature of their connection with the State, their employment record and prospects, their character and conduct (including any criminal convictions), humanitarian considerations, the common good, national security and public policy, and the prohibition of refoulement.

Following that analysis, the Minister decides whether to make a deportation order or, alternatively, to grant temporary permission to remain in the State. Where permission is granted, the person is informed of the conditions attached to it, of the circumstances in which it may be revoked or not renewed, and of how to register and later apply for renewal.

The deportation order

If a deportation order is made, it is served on the person by means of a letter requiring them, by law, to present at the Garda National Immigration Bureau (GNIB) on a specified date and time in order to make arrangements to leave the State. This obligation must be taken seriously. Failing to present at the GNIB on the appointed date is treated as an attempt to evade deportation, and the person becomes immediately liable to arrest and detention until removal is carried out.

Can a deportation order be revoked?

Yes, this route exists. Using Form 3.11, together with the criminal declaration form, a person may ask the Minister to reconsider and revoke the order, under Section 3(11) of the Immigration Act 1999. The heart of such an application is presenting new or changed circumstances that were not previously put before the Minister. The forms are sent to the Repatriation Division by post or by email. While the application is being considered, the person remains obliged to comply with any reporting requirements imposed by the GNIB.

Voluntary return

It is also worth remembering that the division supports people who prefer to return voluntarily to their country of origin, offering practical assistance throughout that process.

This article is an informational summary and does not replace individual legal advice. Every situation carries particular features that can significantly change the options available, and the deadlines involved are tight. If you or someone close to you has received a notification from the Repatriation Division, the wisest course is to seek specialist legal support as early as possible, so that no avenue of defence is lost for want of time.

We would be glad to assist you with your case, please contact us at info@mcgrathmullan.ie and our team will get back to you with information about our services and fees.

More articles on Irish Law from McGrath Mullan:

• The Good Character Test in Naturalisation Applications 
• New guidelines published for Irish citizenship applications on the basis of Irish Descent and Irish Associations
• E-Vetting: Electronic background check process for Irish Citizenship applications
• McGrath Mullan LLP is now providing support with Italian Citizenship applications
• Irish Citizenship for Children
• Foreign Birth Registration – Irish Citizenship through Grandparents
• Is it possible to obtain Irish citizenship through marriage?
• Irish Citizenship by Descent

The option of mediation has a number of advantages including reduced legal costs, the use of a trained mediator to try to resolve what otherwise appeared to be intractable disputes in an informal setting and the benefits of flexibility and more speedy resolutions.

The process is also entirely confidential and, of particular use in employment disputes where one party continues to work for the other, wider issues other than those in the court proceedings can be discussed so as to assist the employer/employee relationship.

On occasion however, in cases where mediation would appear to be the most logical next step,  the party with the deeper pockets, whether an insurance company or perhaps a financially secure employer, may decline to enter into mediation so as to keep financial pressure on the other party, who may have a good case but may not be able to afford to keep taking the financial risks involved in all litigation.

Up to now, the courts could encourage mediation and take a dim view of any party not so engaging but could not compel the parties to enter into mediation.

This may be about to change as in a very recent High Court decision, Mr Justice Michael Twomey, taking account of increasing legal costs, the public interest in freeing up the courts to hear cases earlier and the ‘best interests’ of litigants, directed the otherwise entrenched parties to engage in this way.

In the case being heard – Burke v O’Connell – Twomey J. held that the court did have the power to order mandatory mediation, and that such a direction did not breach the constitutional right of access to the courts, provided the terms of the order were proportionate and did not cause undue delay.

It now remains to be seen firstly whether the Decision is appealed and secondly whether fellow Judges follow and agree with Mr Justice Twomey in other cases.

Speedier resolution of cases may now be more obtainable than heretofore.

If you would like legal advice on Mediation or any other legal matter, please contact us here info@mcgrathmullan.ie or call us here +353 (0) 1 873 5012

More legal articles and news from McGrath Mullan:

• Understand Your Legal Rights in Ireland: A Practical Seminar at the Law Society
• The Good Character Test in Naturalisation Applications 
• Parent of an Irish citizen child: immigration permission in Ireland
• THINKING OF SELLING YOUR PROPERTY?
• The Statute of Limitations for Unfair Dismissal Claims

It is most commonly created by a Will and is usually granted to a surviving spouse or partner, a family member (e.g. child, sibling), and occasionally a third party. It is usually granted for a person’s lifetime, but can be for a fixed period or last until a certain condition is met. 

It can be an exclusive right or it can be shared right of residence. It is a personal right, not ownership and cannot generally be sold or transferred. It usually ends on death. It is an ‘acquisition’ for Capital Acquisition Tax purposes. 

A common example of how a right of created is:  

A farmer dies leaving a farm and house to 1 child, widow is granted a shared right of residence in the house. Child own the house/farm and lives in the house with the widow. 

The most complications arise when the document creating the right does not set out clear terms of the extent of the right. Ideally, when it is created, it should set out conditions, to avoid disputes later, for example: 

• Is there land/garden included? 
• Who pays for the outgoings (utilities, insurance, LPT)? 
• Who is responsible to repair and maintenance, internally, externally and the main structure of the building, 
• To what standard should the repairs and maintenance be? 
• Is it permitted to take in lodgers, whether paying or not?  
• If the holder moves to a nursing home:  
  • does the right continue?  
  • can the property be rented?  

If a property is subject to a Right of Residence, it will affect marketability. The property cannot usually be sold free of the right without consent, and this can delay or block transactions. 

If you would like legal advice on Rights of Residence or any other legal matter, please contact us here info@mcgrathmullan.ie or call us here +353 (0) 1 873 5012

More legal articles and news from McGrath Mullan:

• Capital Acquisitions Tax (CAT) in Ireland
• Why Recognising Foreign Divorces Matters in Irish Probate
• Affidavit of testamentary capacity
• Wills and a Child’s Entitlements
• Probate: 10 steps to kick-start the administration process
• The Importance of Making a Will
• Wills and a Spouse’s Legal Right Share
• Citations in Probate: What to Do When an Executor Delays Grant of Probate

McGrath Mullan LLP is pleased to invite members of the Brazilian community in Ireland to a practical legal seminar designed to help attendees better understand their rights under Irish law.

Taking place at the Law Society of Ireland on Friday, 31 July, this informative afternoon will cover four key areas of law that affect many individuals and families living in Ireland: Property Law, Employment Law, Family Law, and Immigration Law.

Attendees will gain practical insights into:

• Buying property in Ireland
• Employment rights and workplace protections
• Separation and divorce proceedings
• Work permits and Irish citizenship

The seminar will be delivered by experienced solicitors from McGrath Mullan LLP and will include a dedicated Q&A session, providing attendees with the opportunity to gain clarity on important legal issues affecting their everyday lives.

Event Details

Venue: Law Society of Ireland, Blackhall Place, Dublin 7
Date: Friday, 31 July
Time: 1:00 PM – 5:30 PM

Whether you are purchasing your first home, navigating workplace issues, considering separation or divorce, or seeking information about immigration pathways, this seminar offers practical guidance in a clear and accessible format.

Places are limited and advance registration is required.

Register Here.

About McGrath Mullan LLP

McGrath Mullan LLP provides practical, client-focused legal advice across a range of practice areas, including Property, Employment, Family, and Immigration Law. Learn more about our services and commitment to the Brazilian community in Ireland on our Brazilian page.

But if you lose mental capacity, who can make that decision for you? 

You can give an instruction now which will be effective if you lose capacity.  It is called an Advance Healthcare Directive (sometimes known as a ‘living will’).

Like a will, it must be properly executed to be effective, and it can be revoked if one has capacity.

You can include refusals of life sustaining treatment.

And you can choose someone you know and trust as your designated healthcare representative to make sure people respect your advance healthcare directive.

This healthcare directive cannot be covered in an EPA and is a separate document. 

The form is simple, but the issues are big and require careful consideration.

If you would like help with this or any other legal matter, please email us here info@mcgrathmullan.ie or contact us here.

More legal articles and news from McGrath Mullan:

• Why Recognising Foreign Divorces Matters in Irish Probate
• Affidavit of testamentary capacity
• Wills and a Child’s Entitlements
• Probate: 10 steps to kick-start the administration process
• The Importance of Making a Will
• Wills and a Spouse’s Legal Right Share

If you are the parent of an Irish citizen child, you may be eligible to apply for permission to remain in Ireland.

This type of immigration application is relevant where a child holds an Irish passport and is living in Ireland. In many cases, the parent will need to show that they are the biological parent of the Irish citizen child and that they are actively involved in the child’s life.

Who can apply as the parent of an Irish citizen child?

A parent may be eligible to apply where:

• the child is an Irish citizen;
• the child holds an Irish passport;
• the child is living full-time in Ireland;
• the parent is named on the child’s birth certificate;
• the parent is involved in the child’s upbringing;
• the parent provides emotional and financial support to the child.

Each application is assessed individually by the Irish immigration authorities. This means that the documents and evidence required may depend on the family’s circumstances.

What documents may be required?

Applications as the parent of an Irish citizen child must be prepared carefully. Supporting documents may include evidence of the child’s Irish citizenship, proof of residence in Ireland, the child’s birth certificate, and evidence of the parent’s involvement in the child’s care.

In some cases, the immigration authorities may request further evidence, including DNA evidence.

What immigration permission can be granted?

If the application is successful, the parent may be granted Stamp 4 permission in Ireland. Stamp 4 can allow a person to live and work in Ireland without the need for an employment permit. The duration of the permission can vary depending on the circumstances of the case.

What if the parent has no valid immigration permission?

If a parent does not currently hold valid immigration permission in Ireland, the application may be more complex.

It is important to deal with the matter carefully, especially where there has been a gap in immigration permission, a previous refusal, or any issue with immigration history.

What happens if the application is refused?

If an application is refused, there is no formal appeal process. However, it may be possible to submit a new application, depending on the reasons for refusal and whether further evidence can be provided.

Legal assistance for parents of Irish citizen children

Applications as the parent of an Irish citizen child should be prepared with care. The correct evidence can make a significant difference, particularly where the family circumstances or immigration history are complex.

If you are the parent of an Irish citizen child and need assistance with your immigration permission in Ireland, you can contact our office at info@mcgrathmullan.ie.

More articles on how to obtain Irish Citizenship:

• The Good Character Test in Naturalisation Applications 
• New guidelines published for Irish citizenship applications on the basis of Irish Descent and Irish Associations
• E-Vetting: Electronic background check process for Irish Citizenship applications
• McGrath Mullan LLP is now providing support with Italian Citizenship applications
• Irish Citizenship for Children
• Foreign Birth Registration – Irish Citizenship through Grandparents
• Is it possible to obtain Irish citizenship through marriage?
• Irish Citizenship by Descent

Mr Akande unfortunately had a serious drug conviction and had received a substantial prison sentence.  However, he had made a good rehabilitation and had been 10 years without a conviction.  The Minister declined to grant citizenship because they were not satisfied that Mr Akande had good character. 

The court said the Minister must consider all aspects of an applicant’s history and conduct; the nature, gravity and context of any past offending; mitigation, rehabilitation, and the passage of time; and current integration, employment, family life and contributions to society. 

Once satisfied that the Minister has considered these factors, the court will not substitute its opinion for that of the Minister.  Mr Akande failed to overturn the Minister’s refusal. 

Does this mean that you cannot be naturalised if you have a conviction?  No, you can still be approved but it is important to make a full presentation of all mitigating factors when applying. 

Nor is a refusal on good character grounds a bar to future applications.  The passage of time without ‘trouble’ is a factor that must be considered by the Minister when making the assessment.

If you would like to talk to us about Irish Citizenship or any other legal issue please email us info@mcgrathmullan.ie, call us at +353 (0) 1 873 5012 or contact us here.

More articles on how to obtain Irish Citizenship:

• New guidelines published for Irish citizenship applications on the basis of Irish Descent and Irish Associations
• E-Vetting: Electronic background check process for Irish Citizenship applications
• McGrath Mullan LLP is now providing support with Italian Citizenship applications
• Irish Citizenship for Children
• Foreign Birth Registration – Irish Citizenship through Grandparents
• Is it possible to obtain Irish citizenship through marriage?
• Irish Citizenship by Descent