This is a short note of update on the Assisted Decision-Making Act.

The Department of Children, Equality, Disability, Integration and Youth (referred to here as the “Department”) is responsible for the Act and as you will be aware from previous blogs, the Assisted Decision-Making (Capacity) (Amendment) Bill 2022 (the “Bill”) is before the Oireachtas at present.

The Bill is currently progressing through the Dáil, and most recently passed Committee Stage on 14 June. It appears to be the case now that the remaining window of time in the Houses before the close of the current Dáil and Seanad sessions is limited and that the Bill is only expected to proceed as far as 2nd Stage in the Seanad before the end of the summer session.

Therefore it appears likely that the Bill will resume as early as is possible from the beginning of the autumn session. Indications from Government now are that the Bill will not be finalized until September/October with a projected implementation date for the 2015 Act being Mid October.

We will keep monitoring the matter and let you know of any developments

In the meantime, if you have any queries on probate matters, tax planning or capacity issues please email me on ckelly@hcalaw.ie