The Assisted Decision-Making Handbook

This book brings together all of the relevant information in one place providing practitioners, advocates, NGOs, and the public with an indispensable one-stop-resource to the Assisted Decision-Making (Capacity) Act 2015 (as amended) in Ireland.

The full commencement of the Assisted Decision-Making (Capacity) Act 2015 is expected in mid-2022. The enactment of the Assisted Decision-Making (Capacity) (Amendment) Bill 2021 is also anticipated. The Act abolishes the Wards of Court system and creates a new regime to support decision-making by adults who may now, or in the future, lack capacity. Critically, the Circuit Court will now have jurisdiction on the majority of applications arising under the Act. The Act provides for a multitude of new types of applications which may come before the circuit court, for example; appeals against a refusal by the director of the decision support service to register a co-decision making agreement; appeals against a decision by the director to register a co-decision making agreement; applications by the director of the decision support service to remove a decision-making assistant, a co-decision maker, a decision-making representative or an attorney or objections to registration of co-decision making agreements and enduring powers of attorne as well as declarations in relation to advanced healthcare directives and designated healthcare representatives. Regulations prescribing forms and procedures to be used for the purposes of making applications as well as the Rules of Court will be amended to provide for the making of the various regulations and Codes of Practice for Intervenors will be included in the book so that it a comprehensive resource for practitioners to the Assisted Decision-Making Act 2015 (as amended).