Who can sign the Fair Deal form if the person can't consent?
If the person going into care can't sign for themselves, a 'specified person' can apply on their behalf — a spouse or partner, an adult child, certain registered professionals, or a court-appointed decision-maker — and in some cases a Circuit Court capacity order (a decision-making representative) is required.
A specified person must act in good faith and in the person's interests under Section 46A principles; the HSE can refuse someone not acting in the applicant's interests.
Where a court order is needed, it must cover the specific Fair Deal decisions — if it doesn't, the HSE cannot progress the application. The decision-making representative route replaces the old care representative role (existing care reps are unaffected).
This is a more complex branch. FairPath's v1 covers applicants who sign for themselves; if you need a capacity route, leave your email and we'll tell you the week we cover it.
Sources: HSE Fair Deal application form (v4, Dec 2025) · HSE apply guidance (hse.ie)
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