Update on the commencement of the Assisted Decision-Making (Capacity) Act 2015

06 January 2022

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There has been a lot of developments recently in connection with the Assisted Decision-Making (Capacity) Act 2015. It is clear that sufficient funding has been allocated to the 2015 Act in line with the Programme for Government and that there is a real Government incentive to move forward to the implementation of the 2015 Act by June of this year.

In particular, is the push now to end wardship in Ireland and the implementation of a new wardship regime as envisaged by the 2015 Act. To move forward with this, Government has published a scheme of amending legislation to cater for changes that are needed for the wardship regime. A link to these changes is below.

In addition, the Director of Decision Support Services has been busy and has now published a series of draft codes of conduct dealing with the Act to include a code of practice for solicitors. Again a link is set out here on this blog.

It is great to see at last that we are now moving towards full implementation of this Act. We will be looking at a more detailed series of blogs on this topic over the coming weeks.

Here is the link to the Decision Support Services codes of practice in draft form

https://decisionsupportservice.ie/public-consultation/public-consultation-phase-1

Here is the link to the Governments press release on the Scheme of the new amending bill to the 2015 Act

https://www.gov.ie/en/press-release/b952e-cabinet-approves-general-scheme-of-the-assisted-decision-making-capacity-amendment-bill/