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Decision-Making & Capacity

Introduction to the Assisted Decision-Making (Capacity) Act

Assisted Decision-Making (Capacity) Act 2015

On 17th December 2015 the Assisted Decision Making (Capacity) Act was passed into law.

The full commencement of this Act will bring about an end to wardship in Ireland.

Sage Advocacy has campaigned for the commencement of the Assisted Decision-Making (Capacity) Act 2015 as a key piece of legislation to protect the rights of adults who may be vulnerable. 

The Assisted Decision-Making (Capacity) Act 2015 will strengthen the rights of all individuals, but it will have particular relevance for people with intellectual disabilities, older people with diminished capacity or dementia, and people whose capacity has been affected by traumatic injury. 

It recognises that all people have equal legal rights and respects the right of everyone to make choices for themselves and at all times to be treated with dignity and respect. The legislation will also ensure that people can plan ahead and record their decisions in the event they lose capacity to make decisions in the future.

The Decision Support Service (DSS) is a new service established under the Assisted Decision-Making (Capacity) Act 2015. It is part of the Mental Health Commission but it will have a new and separate role.

The DSS is the organisation that will operate the provisions of the 2015 Act. 

Proposed legislation will amend the Assisted Decision-Making (Capacity) Act 2015.

The Assisted Decision-Making (Capacity) (Amendment) Bill 2022 and Explanatory Memorandum was published on 30th May 2022.

Sage Advocacy has developed a number of resources and videos below in relation to the Assisted Decision Making (Capacity) Act 2015.

Sage Advocacy resource material is for information only and should not be taken as an exhaustive commentary on legislation nor should it be taken as a substitute for legal advice.

Sage Advocacy does not accept any liability arising from any errors or omissions.

If you have any questions about our website material please contact info@sageadvocacy.ie

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