Assisted Decision-Making Implementation

23 March 2023


I recently spoke to the senior officer in the Department of Children, Equality, Disability, Integration and Youth about the implementation of the Decision-Making Act. So far only one commencement notice has been published this year. That is SI 46 of 2023 which commences certain provisions of the 2022 Amending Act.

On foot of my enquiries, it appears that the commencement order commencing the legislation as of the 26th of April is still being prepared and is not available for publication yet. There will be a range of commencement orders and these will be published closer to go live date. Similarly with respect to court rules. Both the Circuit Court Rules and the Rules of the Superior Courts are still being formulated and finalised by the relevant rules committees and again are unlikely to be published until closer to the 26th of April. It appears from discussions that it is likely that all of these will be published over a relatively short period and probably very close to the 26th of April.

I attach a link to the SI published this year

Hope this helps and if you have any further queries on will drafting, probate, CAT or capacity issues, please do not hesitate to reach out to me through the solicitor query service on our website.