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Decision-Making & Capacity

Assisted Decision-Making (Capacity) Act 2015

On 17th December 2015 the Assisted Decision Making (Capacity) Act was passed into law. The ADM (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. Central to the legislation is the establishment of a Decision Support Service and the introduction of new roles: Decision-Making Assistant, Co-Decision-Maker, Decision-Making Representative. These roles are 'Interveners' in the legislation.

The Decision-Making and Capacity sections of the website provide information, quick reference and easy read material, practice development resources and recordings on the principles and concepts in the legislation. Within the Resources on Decision-Making & Capacity section there are recordings and presentations on the 2015 Act, Supported Decision-Making and Deprivation of Liberty, and links to other external resources. These materials can be used for information and training sessions. 

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. Since 2014 Sage has undertaken a role in raising public awareness of the 2015 Act, and has delivered hundreds of briefing sessions nationally. The sessions were an opportunity for the public, health, social care, legal and other professions to hear about the legislation and explore the impact it would have for practice.  

Whilst every care has been taken in the preparation of this material and whilst Sage will endeavour to provide further information in relation to the relevant legislation, Sage 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 does not accept any liability arising from any errors or omissions.

If you have any questions about our material or the legislation contact info@sageadvocacy.ie and we will be happy to assist you where possible.

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