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).
Capacity and decision-making routes can be more complex. Check the current HSE form and decision-support requirements for the authority needed in the applicant's circumstances.