Oireachtas Joint and Select Committees
Wednesday, 15 October 2025
Committee on Disability Matters
Autonomy and Integrity for Persons with Disabilities: Discussion
2:00 am
Ms Áine Flynn:
I can speak to the post-wardship scenario, which is where we come in. We are not involved in the processing of applications to come out of wardship except to the extent that we might be asked to nominate a professional decision-making representative from our panel if there is nobody else in the former ward's life to take on that role. The Assisted Decision-Making (Capacity) Act contains safeguards at a number of levels so it is not as if somebody has their resources restored to them and then has free rein unless that is appropriate and the court applies the guiding principles to ensure the least restrictive outcome. In circumstances where a codecision-maker or a decision-making representative is identified as the appropriate level of support, we exercise a supervisory role. Those orders are registered with the Decision Support Service and then our supervision function takes over, introducing ourselves to the individuals who have stepped up to that role. They have to turn in reports to us annually or in respect of property and affairs decisions. A decision-making representative submits a report to us at the three-month mark setting out assets, liabilities and a statement of income and expenditure. They remain under our supervision. If any reporting is deficient, it can be re-entered before the court. We also have a complaints and investigations function, which we hope is relied on only minimally. Overall, we see ourselves as supporting the supporters. In 80% of these cases, it is ordinary people taking on this role out of love and loyalty. We want to help them do the best job they can. This is not an Act that is short on safeguards.