Notary Services for People with Disabilities in Cork

Every person has the right to access legal services, including notarisation, regardless of disability. The Assisted Decision-Making (Capacity) Act 2015 (as amended) has fundamentally changed how Irish law approaches capacity, moving from a binary "has capacity or doesn't" model to a functional, time-specific approach. This means that people with disabilities — physical, sensory, intellectual, or mental health — can and do access notary services, with appropriate supports where needed.

The Legal Framework: Capacity and Decision-Making

The Assisted Decision-Making (Capacity) Act 2015 establishes several key principles:

• Presumption of capacity: Every person is presumed to have capacity unless the contrary is established
• Functional approach: Capacity is assessed in relation to the specific decision at the specific time — a person may have capacity for some decisions but not others
• Support before substitution: All practical supports must be provided before concluding that a person lacks capacity
• Right to make unwise decisions: A person is not to be considered as lacking capacity merely because they make a decision that others consider unwise

For notaries, this means approaching each client individually, providing appropriate support, and making a professional assessment of capacity for the specific document being signed.

Physical Disabilities

For clients with physical disabilities:

• Accessible premises: Ensuring the office can accommodate wheelchair users and those with mobility aids
• Alternative signing methods: If a client cannot sign in the traditional manner, alternative methods (such as a mark, assisted signature, or stamp) may be used, with appropriate notation by the notary
• Home visits: Available for clients who cannot attend the office
• Flexible scheduling: Accommodating clients who may need more time or specific appointment times

Sensory Disabilities

Hearing Impairment

• Written communication to supplement verbal explanation
• Irish Sign Language (ISL) interpreters can be arranged with notice
• Visual aids and written summaries of documents
• The notary notes on the certificate that ISL interpretation was used

Vision Impairment

• Documents read aloud by the notary
• Large-print versions prepared where possible
• Braille documents can be arranged with advance notice (for comparison purposes)
• The notary certifies that the document was read to the person and they confirmed understanding

Intellectual Disabilities

Clients with intellectual disabilities are presumed to have capacity unless there is reason to believe otherwise. Supports include:

• Plain language: Explaining documents in simple, clear terms
• Additional time: Allowing the client as much time as they need to understand
• Support persons: A trusted person may attend to provide support (while the notary ensures the client is acting independently)
• Decision-making support: Under the 2015 Act, a person with a decision-making assistant, co-decision-maker, or decision-making representative can still execute documents within the scope of their arrangement

Mental Health Conditions

Mental health conditions do not automatically affect capacity. The functional approach means capacity is assessed at the time of the specific decision:

• A person with a mental health condition may have full capacity at the time of the appointment
• The notary assesses understanding, retention, and communication ability
• If there are concerns, the appointment may be rescheduled to a time when the client feels more able
• Medical evidence may be sought in borderline cases

Enduring Powers of Attorney

One of the most important documents for people with disabilities (or those planning for future incapacity) is the Enduring Power of Attorney (EPA). This document, which must be executed while the person still has capacity, appoints someone to make decisions on their behalf if they lose capacity in the future. The notary's role in witnessing an EPA is particularly important, as it provides evidence that the person had capacity at the time of signing.

The Decision Support Service

The Decision Support Service (DSS), established under the 2015 Act, oversees decision-making support arrangements in Ireland. The three tiers of support are:

1. Decision-making assistant: Helps the person access information and understand decisions
2. Co-decision-maker: Makes decisions jointly with the person
3. Decision-making representative: Makes decisions on behalf of the person (as a last resort)

Notaries must be aware of these arrangements and ensure that any notarial act respects the scope of the relevant support arrangement.

Contact Hugh Phelan

Hugh Phelan, Solicitor and Notary Public in Douglas, Cork, provides accessible notary services for all clients. If you or someone you support needs notarised documents and has specific requirements, please contact the office in advance to discuss how we can help.

Contact us at 021-489-7134 or info@phelansolicitors.com, or book an appointment online.