Ireland’s Assisted Decision‑Making (Capacity) Act has transformed how individuals are supported in decisions about their personal, financial and healthcare affairs. For many families, the Act represents a profound shift, from a system where decisions could be removed from a person (wardship), to one where the individual’s will, preferences and rights must be respected, and where families play a central role in in supporting informed, meaningful decisions.

The Act 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).

For families who have been caring, advocating and planning for years, often decades, 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 the area of ADM?

I’ve worked in financial services for almost 30 years and I’m also the mother and advocate of an exceptional child. My lived 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, 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.

Where are solicitors feeling pressure and how can financial professionals help? 

Solicitors remain central to the legal process, but 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 should families take early in the process to ensure long-term financial security for a vulnerable adult? 

Start early and build a long‑term plan. 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.

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.

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 qualities matter most in a financial partner when families are dealing with the emotional and administrative load of ADM? 

Families value patience, empathy and clarity. 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.

If you could offer one key piece of advice to families beginning this journey, 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 gives families confidence and ensures the person at the centre of every decision is supported in the way the Act intends.

To speak with our ADM team, email: [email protected]