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Mcgrath Mullan Solicitors Dublin

The Assisted Decision-Making (Capacity) Act 2015

The eagerly awaited Assisted Decision-Making (Capacity) Act 2015 came into effect on the 26th of April 2023. The Act presumes that every adult has the capacity to make decisions, unless determined otherwise and seeks to improve decision-making supports and maximise a person’s capacity to make decisions, now or in the future.

Under the Act, a person who currently requires decision support can avail of a three-tier system of assisted decision-making:

  • Decision-Making Assistance: A person can formally appoint a decision-making assistant, who is supervised by the DSS. The person retains ultimate decision-making responsibility.
  • Co-Decision-Maker: A person can appoint someone to make decisions on their behalf on a joint responsibility basis. The co-decision-maker is also subject to the supervision of the DSS.
  • Decision-Making Representative: The Circuit Court can appoint a representative to make certain decisions on behalf of persons who are unable to make such decisions on their own behalf.

The Decision Support Service (DSS) is the statutory agency responsible for oversight and implementation of the new assisted decision-making system in Ireland.

In relation to future decision supports, the Act seeks to provide for improved oversight of the Enduring Powers of Attorney process and for advance healthcare directives.

The Act abolishes the current wardship system whereby existing adult wards of court will transition out of the High Court’s jurisdiction within the next three years. Any adult wards of court who are deemed to have capacity will be discharged from the wardship jurisdiction, while any adult wards of court who continue to require decision support can avail of the appropriate support tier.

If you have any questions or require assistance on the above, please contact us at or on 01-8735012

Author Bio

Gerry McGrath

Gerard McGrath, Managing Partner, can assist you in Immigration law, Commercial work, and General litigation. Contact Gerard if you would like assistance with any of these matters. or +353 (0) 1 873 5012

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