Emma Slattery (Author), Emma Slattery (Associate Editor)

Published: 02/2024
Format: Paperback
Edition: 1st
ISBN: 9781526525437

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 enactment of the Assisted Decision-Making (Capacity) (Amendment) Act 2023 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. 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. This Act is the first major reform of the law on capacity in this jurisdiction in almost two hundred years. 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. The Act creates a tiered system of support-arrangements, creates a new system for Enduring Powers of Attorney, and puts Advanced Healthcare Directives on a statutory footing.
The Act confers jurisdiction on the Circuit Court in relation to the majority of applications arising under the Act. It 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 attorney as well as declarations in relation to advanced healthcare directives and designated healthcare representatives.
This is a must-have title for practitioners which will enable a reader to easily ascertain what is required to bring or respond to the various applications under the Act, such as Capacity Applications, Review Applications, and Appeals from decisions of the Director of the Decision Support Service.

This title provides practitioners with access to resources to enable them to represent their clients in matters arising under the Act.

This title is included in Bloomsbury Professional's Irish Medical Law online service.

Table of Contents

1. Introduction
2. The consolidated legislation (Assisted Decision-Making (Capacity) Act 2015)
3. Regulations
4. Circuit Court Rules 2001
5. Rules of the Superior Courts 1986
6. Codes of Practice
7. Applications to Court
i. Section 15(2)(a) and Section 15(4) – Application by the Director arising from a complaint or an investigation with regard to a decision-making assistant;
ii. Section 15(3) – Appeal against a decision of the Director that a complaint with respect to a decision-making assistant is not well founded;
iii. Section 22(4) – Appeal against the refusal of the Director to register a co-decision making agreement;
iv. Section 24(3)(c)(ii) – Application by the Director arising from a finding that an objection to the registration of a co-decision-making agreement is well founded;
v. Section 26(5) – Application by the Director arising from a statutory review that a co-decision-making agreement is no longer in compliance with the Act;
vi. Section 27(4(b) – Application by the Director arising from the failure of a co-decision maker to submit an annual report;
vii. Section 30(2)(a) and 30(4) – Application by the Director arising from a complaint or an investigation with regard to a co-decision maker;
viii. Section 30(3) - Appeal against a decision of the Director that a complaint with respect to a co-decision maker is not well founded;
ix. Section 36(3) – Ex parte application for consent to make an application under Part 5;
x. Section 37(1) and 38 – Application for a declaration as to capacity and appointment of a decision-making representative;
xi. Section 37(3) – Application for a declaration as to the lawfulness of an intervention proposed;
xii. Section 46(8)(b) – Application by the Director arising from the failure of a decision-making representative to submit an annual report;
xiii. Section 47(2)(a) and 47(4) – Application by the Director arising from a complaint or an investigation with regard to a decision-making representative;
xiv. Section 47(3) - Appeal against a decision of the Director that a complaint with respect to a decision-making representative is not well founded;
xv. Section 49(1) – Application for a review of a declaration as to capacity made under s. 37(1);
xvi. Section 55(1) – Application regarding the capacity of a ward;
xvii. Section 67 – Application regarding the capacity of the donor of an enduring power of attorney pre-registration;
xviii. Section 68(4) – Application by an attorney prior to registration as to the validity of the enduring power of attorney;
xix. Section 69(5) – Appeal against the refusal of the Director to register an enduring power of attorney;
xx. Section 71(3)(c)(ii) – Application by the Director arising from a finding that an objection to the registration of an enduring power of attorney is well founded;
xxi. Section 71(5) – Appeal by an objector against a decision by the Director to register an enduring power of attorney;
xxii. Section 73(6) – Application for the revocation of an enduring power of attorney
xxiii. Section 74(2) - Application for the disclaimer of a registered enduring power of attorney;
xxiv. Section 75(7)(b) - Application by the Director arising from the failure of an attorney to submit an annual report, a schedule or projected statement;
xxv. Section 76(3)(a) and 76(5) – Application by the Director arising from a complaint or an investigation with regard to an attorney
xxvi. Section 76(4) - Appeal against a decision of the Director that a complaint with respect to an attorney is not well founded;
xxvii. Section 77(1) – Application by the Director for a determination on whether an enduring power of attorney should be registered;
xxviii. Section 77(3) – Application by a donor, attorney, director or interested party with regard to the meaning or effect of the power, for directions or, a disclaimer by the attorney;
xxix. Section 85(6)(b) – Application to the High Court to determine whether a refusal of treatment set out in an advanced healthcare directive should apply where the refusal of treatment would have a deleterious effect on the unborn;
xxx. Section 88(4)(c)(ii) – Application by the director arising from a complaint in relation to a designated healthcare representative;
xxxi. Section 89(1) – Application by an interested party for a declaration with respect to the validity, applicability or compliance with an advance healthcare directive;
xxxii. Section 89(2) – Application by an interested party for a declaration with respect to the validity, applicability or compliance with an advance healthcare directive being an application that involves considerations relating to life-sustaining treatment;
xxxiii. Section 92(2) – Ex parte application for consent to make an application under Part 8;