Assisted Making Capacity Act

The Assisted Decision-Making Capacity Act 2015

The Act was signed into law on the 30/12/2015 and will commence in a phased process.

The act will fundamentally change the way decisions are made by or for the most vulnerable members of society.

It will allow an individual to determine his or her health treatment in the event he or she loses capacity to make their own recessions in the future.

The act will have huge implications in relation to a person’s capacity now or in the future and it will also have an impact on the healthcare and financial sectors.

Key features of the act:

The abolition of Wardship and the affirmation of a functional approach to capacity i.e. Individual capacity being assessed on basis of their ability to understand issues at the time the decision is made.

A new regime to the 2015 Enduring Power of Attorney Act (see previous Article on EPAs) allowing fundamental differences including more safeguards as regards personal property and affairs extending to healthcare (but not to the refusal of life- sustaining treatment).

The appointment of a Director of decision support services and establishment of a Decision Support Service which will form a new wider Mental Health Commission.

The provision of support services for vulnerable individuals who need assistance with decision making. Individuals will be able to formally appoint decision making assistants or co-decision makers who will be under the supervision of the Director of decision support.

The introduction of advanced healthcare directives which will allow an individual to make an advanced expression of his/her will and preference on treatment decisions.

Impacts of the Act:

This legislation will result in the improvement in the lives of persons with intellectual disabilities as their ability to make decisions will be enshrined in law.

It will have huge implications in relation to a person’s capacity now or in the will also impact the healthcare and financial sectors.

A new and informed approach to the Mental Health Commission.

Cheaper Houses

Mortgage Banks are now offering lower interest, longer fixed rate mortgages for customers.

KBC have announced that they are issuing a new market leading 10 year fixed mortgage which would provide better value and certainty for customers in the long term.

Unfortunately it may not be of great benefit to First Time Buyers as the loan to value ratio must be less than 60% to fix interest rates at 2.95% for 10 years.

New rates come into effect on October 2nd 2017 and will be available to both existing and new mortgage customers.  Customers switching to KBC will benefit from a €3,000 contribution towards their costs, so in effect the conveyancing costs on a transfer of mortgage should cost nothing.

This contribution is open to any customer who draws down their mortgage by the end of 2017.  AIB also recently announced a series of rate cuts.

The environment for lower interest rates and longer fixed rate mortgages is certainly improving, but unfortunately First Time Buyers may still find the property market difficult.

For further information on this or any other matter, please contact our office on 01-4540068 or email for an appointment.

John Gaynor
John Gaynor & Co.
42-46 Thomas Street
Dublin 8

Living Wills


Living Wills are called Advanced Health Care Directives (AHDs), details of which are set forth in the Assisted Decision-Making (Capacity) Act 2015 – but this Act has yet to be implemented.  However, AHDs are still considered legal under Common Law and, if you want to be proactive about your advanced Health Care Planning, there are forms available online under “Think Ahead” and these forms are said to be in keeping with the legislation insofar as we know at the moment.  If you have major concerns about your advanced health care, it is well worth downloading one of these forms, completing it and leaving it with your Enduring Power of Attorney.

It could also be considered as an Enduring Power of Attorney whereby you grant your Attorney power to act on your behalf in the event of mental incapacity.

Should Everyone Have Living Wills

Yes, especially with an aging population – this will help reduce the burden on your family and help them make decisions on your behalf. The Enduring Power of Attorney is most needed if, due to some form of debilitating disease, such as dementia or unfortunate accident, you are unable to make decisions for yourself.

Is a Living Will Legally Binding

Yes, an Enduring Power of Attorney is legally binding, but would need to be registered to be fully effective.  Further, your AHD will give instructions on your health care and is considered legal under Common Law and in keeping with current legislation.

How Does it Work

The AHD gives clear information in case of an emergency, specifying your medical carers and medication and sets out your preferences about medical treatment as to what you do and what you do not want.  An Enduring Power of Attorney allows your Attorney make all decisions in respect of your property, bank and any other assets you might have.

Is an Advance Directive the same as a Living Will

Living Wills is an American term, but an AHD is as close as we can get to a Living Will until the 2015 Assisted Decision Making Capacity Act 2015 is fully implemented.  We would always recommend that an Enduring Power of Attorney be created and placed with your AHD.

How do I Set One Up

Contact one of our Solicitors and we will gladly explain all that is required in respect of both the AHD and the Enduring Power of Attorney.

See our Article on our Enduring Powers of Attorney and our separate article in regard to Wills.  Ideally AHD, Enduring Powers of Attorney and Wills, should all be considered and we are very happy at our offices to explain the procedures.  First consultations are always free.

If you have not considered an Enduring Power of Attorney, we would strongly urge that you do so as we have seen numerous families greatly upset that they did not do so in time and have to deal with the current complicated Wards of Court system.

For further information on this or any other matter, please contact our office on 01-4540068 or email for an appointment.

John Gaynor
John Gaynor & Co.
42-46 Thomas Street
Dublin 8

The Liberties and Surrounding Area

The Liberties

John Gaynor & Co. is situated in one of the oldest parts of Dublin – The Liberties – and we have been here for over 40 years. We have seen new business come in, new shops, new people and new buildings built, but the character has remained the same. It’s a fun place to work, full of energy and John Gaynor & Co. has kept up with the trends.

If you have an appointment with John Gaynor & Co., why not take time and visit the numerous places of interest.  This area of Dublin 8, is a melting pot of different cultures and traditions.  Taste the variety of international cuisines, hear the many different languages and soak in the atmosphere in what has become a vibrant part of Dublin City and it has something to interest everyone.  We have listed some of the great local businesses and areas of interest to give you an idea of the difference between the old and the new and what makes this area such a great place to live and work.

Restaurants, Bars and Coffee Shops

Brazen Head:    (Dublin’s oldest Pub) –.  Lower Bridge Street, Merchant’s Quay, traditional music.
Arthurs Pub:    Thomas Street.  Traditional Irish pub serving Irish food and live music.
Mannings:    Thomas Street.  A traditional Irish Restaurant/Café serving breakfasts, lunch and homemade cakes and pastries and loved by all the locals and businesses alike.
Catherine’s Bakery and Café:    Meath Street.  Well established bakery
Legit:        Meath Street, serving great coffee as well as delicious breakfasts and brunch.
Noto:        corner of Thomas Street and Francis Street – coffee, croissants, sandwiches, soups.
Two Pups Coffee: – Francis Street – sandwiches, snacks
Lovin’ Catering:    Francis Street – delicious scones, soups, wraps, salads etc.
The Dublin Cookie Company:    Thomas Street, excellent coffee and cookies made on the premises.
Container Coffee:    Thomas Street. – Opposite Guinness and beside the Digital Hub.
Tasty 8:    Meath Street – winner of the Liberties New Business of the Year Award     serving interesting locally sourced food, vegetarian, vegan and gluten free options available.

Guinness Storehouse, St. James’s Gate.  Take a tour and pour your own pint in the amazing Gravity Bar with its panoramic views over Dublin
Teelings in Newmarket Square.  It’s the first new distillery to be built in the City     since the 19th century (worth a tour)/
Pearse Lyons Distillery, James’s Street.  Only just opened in the grounds of the former St. James’s Church, distilling craft Irish Whiskey.  Opened by the Pearse Lyons grandson whose grandfather is buried in the old cemetery beside the distillery.
All the above distilleries have guided tours and with tastings at the end – Do them all in one day and you will definitely need a taxi home!
Two more distilleries are going to open very soon in the area.

Christchurch Cathedral, High Street – Dublin’s oldest building and home to the famous 12th century crypt.
St. Nicholas de Myra – Francis Street.  Famous stained glass by Harry Clarke and works by John Hogan.
St. Patrick’s Cathedral, Patrick Street. Tallest church in Ireland and the largest. Founded in 1191.
St. Audoen’s Church, High Street.   This is is the oldest parish church in Dublin and is still used as such.  Services in Polish as well as Englsh.
St. James’s Church, James’s Street.  Established in 1707.
John’s Lane Church – Thomas Street.  Served by the Augustinian Order.

Dublin Flea Market on Newmarket Square.
Dublin Co-Op – Newmarket Square.
Liberty Market on Meath Street.
Tivoli Theatre, Francis Street.  This was converted to a cinema in the late 1930s and re-named the Tivoli Cinema. In 1964 it became a nightclub and shop and finally in 1987 it became the Tivoli Theatre again– Francis Street, Dublin 8, becoming a theatre and live music venue.
“District 8) – Part of the Tivoli Theatre and one of the best places to catch big-name house     and techno DJs in Ireland.     Originally a theatre, today the revamped space more closely     resembles a former warehouse
Vicar Street – Music venue/Comedy/Live music/bar


Jury’s Inn, Christchurch, Dublin 8, situate right opposite Christchurch Cathedral.
Radisson Blue on Golden Lane, Dublin 8.

Universities and Colleges

NCAD (National College of Art and Design) Thomas Street, Dublin 8, (formerly Powers Distillery)
BIMM    Rock College, Francis Street, Dublin 8.  Recording Studios and Music Teaching College.             Tours available.

The Royal Hospital Kilmainham, Dublin 8 – an amazing building built in the 17th Century and initially built for retired soldiers – a must see and housing IMMA – Irish Museum of Modern Art

The Digital Hub, opposite Guinness, Thomas Street, Dublin 8.  Here you will find numerous technology media and internet companies all in one space.

Antiques: Francis Street, Dublin 8.  Here you will find a myriad of antique shops and is a must to    visit and where you might just find a bargain!

Library:  Marsh’s Library, St. Patrick’s Close, Dublin 8 – Founded in the 18th century and still in use today.  A little weird but wonderful.  Full of cages to read rare and fascinating books housed in original oak bookcases – bring a warm jacket – its cold in there!

Gulliver’s Travels Frames, 58 Golden Lane, Dublin 8 – Jonathan Swift and Gulliver’s Travels.  Here you will find 8 pictorial frames set in brickwork showing scenes from part 1 of his book.


David McCarthy Hair Salon, Francis Street, Dublin 8.
Joanne’s Hair & Beauty Salon, Thomas Street, Dublin 8.
The Glamour Pit, Meath Street, Dublin 8. Beauty treatments and Nails.
Image & Ink, Thomas Street, Dublin 8.  Barbers, Tattoo Studio + Hot Towel Shaves.

Traders:  Perhaps most famous of all are the traders and their stalls – Families for generations have shouted out their wares both on Thomas Street and Meath Street and here you will find the best of bargains and banter.

Flower stall – John Gaynor & Co. are very lucky as our windows look out on a very famous and colourful flower stall at the corner of Meath Street and Thomas Street and is run by Kathleen Farrell, who was nominated for the Liberties Awards Established Business of Year.

So an appointment with John Gaynor & Co. can turn out to be a really fun and interesting day!

Daphne Gaynor
Head Legal Administrator
John Gaynor & Co.
42-46 Thomas Street
Dublin 8

Loan to value savings

Loan to value savings

If you bought your house a number of years ago you will probably find that your house has risen in value and as a result the debt or loan on your property will have decreased relative to the current market value of your property.  You can therefore request from your lender a reduction in your lending rate based on a lower LTV (loan-to-value).


The easiest process is to contact your current lender and ask for this reduction.  However, if they are unwilling, you can switch to another lender and the cost of so doing can be minimal as most Banks will offer you either a sum of money towards your legal fees – KBC is offering €3,000 up until September or a cashback deal – PTSB offer a 2% cashback and Bank of Ireland is currently offering 3% of the value of the mortgage cashback.

What to do

If you are in this position, it seems to be a no brainer and if you want to save further money into the future, you could consider using your savings on the repayments to overpay on your mortgage which could save you a large sum in the long term.

For further information on this or any other matter, please contact our office on 01-4540068 or email for an appointment.

John Gaynor
John Gaynor & Co.
42-46 Thomas Street
Dublin 8

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