Legal Capacity: A Guide to Irish Capacity Law and Assisted Decision-Making

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Published: 12/2024
Format: Paperback
Edition: 1st
ISBN: 9781784518493
Imprint: Bloomsbury Professional


This book covers the new Assisted Decision-Making (Capacity) Act 2015 in detail. It sets out the background to the Act with a description of the EU cases and conventions that shaped it and provides an in-depth guide to the legislation, including comparative analysis and relevant case law from other jurisdictions, to guide practitioners as to how the legislation is likely to be applied in practice.

Key Features of the 2015 Act:

It applies to everyone and to all health and social care settings.
It provides for the individual's right of autonomy and self-determination to be respected through an Enduring Power of Attorney and an Advance Healthcare Directive – made when a person has capacity to come into effect when they may lack decision-making capacity.
It provides for legally recognised decision-makers to support a person maximise their decision making powers.
It places a legal requirement on service providers to comprehensively enable a person make a decision through the provision of a range of supports and information appropriate to their condition.
It abolishes the Wards of Court system.
It provides for a review of all existing wards to either discharge them fully or to transition those who still need assistance to the new structure.
It repeals the Lunacy regulations governing the Ward of Court system.
It establishes a Decision Support Service with clearly defined functions which will include the promotion of public awareness relating to the exercise of capacity by persons who may require assistance in exercising their capacity.
The Director of the Decision Support Service will have the power to investigate complaints in relation to any action by a decision-maker in relation to their functions as such decision-maker.
This title serves as a guide to the legislation and its implications.
Irish Law
Part One: Background
Review of Capacity legalisation in Ireland
Impetus for Change

Part Two: The Assisted Decision-Making (Capacity) Act 2015
Person's capacity to be construed functionally
Guiding principles
Wards:Review of capacity of wards who are adults
Declarations following review and discharge from wardship
Assisted Decision-Making
Decision-Making Representatives
Applications to Court in respect of Relevant Persons and Related Matters
Declarations as to capacity, etc., and matters following declarations
Decisions by court or decision-making representative appointed by Court
Enduring Powers of Attorney
Advance Healthcare Directives
Director of the Decision Support Service
Special visitors, general visitors, court friends and panel to be established by the Director
Detention Matters
Convention on International Protection of Adults
Appeals and Amendments.

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