Assisted Decision Making – Commencement Update

15 September 2022

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Just a short note to state that it appears that The Department of Children, Equality, Disability, Integration and Youth (DCEDIY) have confirmed to us that the commencement of the Assisted Decision-Making (Capacity) Act 2015 is due to be November 21st 2022.

The Assisted Decision-Making (Capacity) (Amendment) Bill 2022 has passed through all the stages in the Dáil. The DCEDIY are anxious that it passes through the Seanad as quickly as possible. This process is due to happen shortly when the Bill is introduced to the Seanad for the second stage debate. The second stage debate was listed for today, that is Thursday the 15th of September 2022, in the order for business of the Seanad and so it appears that the final amendments to the 2022 Bill are being debated at the moment.

Hopefully this will bring matters soon to a close in relation to the ADMCA 2015 and we will have a final item of legislation for all practitioners.

If you have any queries on capacity or will drafting issues, please reach out to me on ckelly@hcalaw.ie