Assisted Decision-Making (Capacity) Act 2015


Number 64 of 2015


ASSISTED DECISION-MAKING (CAPACITY) ACT 2015

REVISED

Updated to 1 January 2019


This Revised Act is an administrative consolidation of the Assisted Decision-Making (Capacity) Act 2015. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Central Bank (National Claims Information Database) Act 2018 (42/2018), enacted 27 December 2018, and all statutory instruments up to and including Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (Commencement) Order 2019 (S.I. No. 1 of 2019), made 3 January 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 64 of 2015


ASSISTED DECISION-MAKING (CAPACITY) ACT 2015

REVISED

Updated to 1 January 2019


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1979, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Domestic Violence Act 2018 (6/2018)

All Acts up to and including Central Bank (National Claims Information Database) Act 2018 (42/2018), enacted 27 December 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Assisted Decision Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2018 (S.I. No. 527 of 2018)

Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) (No. 2) Order 2016 (S.I. No. 517 of 2016)

Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 515 of 2016)

All statutory instruments up to and including Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (Commencement) Order 2019 (S.I. No. 1 of 2019), made 3 January 2019, were considered in the preparation of this revision.


Number 64 of 2015


ASSISTED DECISION-MAKING (CAPACITY) ACT 2015

REVISED

Updated to 1 January 2019


CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation — general

3. Person’s capacity to be construed functionally

4. Circuit Court to have exclusive jurisdiction under this Act except for certain matters reserved for High Court, etc.

5. Laying of regulations

6. Expenses

7. Repeals

PART 2

Principles that Apply before and during Intervention in respect of Relevant Persons

8. Guiding principles

PART 3

Assisted Decision-Making

9. Definitions — Part 3

10. Decision-making assistance agreement

11. Persons who are not eligible to be decision-making assistants

12. Nullity

13. Disqualification as decision-making assistant

14. Performance of functions of decision-making assistant

15. Complaints in relation to decision-making assistants

PART 4

Co-Decision-Making

16. Definitions — Part 4

17. Co-decision-making agreement

18. Persons who are not eligible to be co-decision-makers

19. Performance of functions of co-decision-maker

20. Nullity

21. Application for registration of co-decision-making agreement

22. Registration of co-decision-making agreement

23. Effect and proof of registration

24. Objections to registration

25. Register of co-decision-making agreements

26. Review of co-decision-making agreements

27. Reports by co-decision-maker

28. Variation of co-decision-making agreement

29. Revocation of co-decision-making agreement and removal from Register

30. Complaints in relation to co-decision-makers

31. Regulations

32. Applications to Court

33. Role of Director where nullity occurs

34. Offences in relation to co-decision-making agreements

PART 5

Applications to Court in respect of Relevant Persons and Related Matters

Chapter 1

Application of this Part

35. Application of this Part

Chapter 2

Applications under this Part

36. Persons who may make applications to court under this Part, etc.

Chapter 3

Declarations as to capacity, etc., and matters following declarations

37. Power of court to make declarations as to capacity, etc.

Chapter 4

Decisions by court or decision-making representative appointed by court

38. Power of court to make orders and appoint decision-making representative, etc.

39. Persons who are not eligible to be decision-making representatives

40. Disqualification as decision-making representative

41. Performance of functions of decision-making representative

42. Remuneration and expenses

43. Scope of decision-making order or decision-making representation order relating to property and affairs

44. Restrictions on decision-making representatives

45. Register of decision-making representation orders

46. Reports by decision-making representative

47. Complaints in relation to decision-making representatives

Chapter 5

Interim orders, reviews and expert reports

48. Interim orders

49. Review of declaration as respects capacity

50. Expert reports

Chapter 6

Notification of Director of the Decision Support Service of declarations, etc., under this Part

51. Notification of Director of the Decision Support Service

Chapter 7

Legal aid in respect of applications under this Part

52. Amendment of Act of 1995

PART 6

Wards

53. Definitions — Part 6

54. Review of capacity of wards who are adults

55. Declarations following review and discharge from wardship

56. Saver

57. Director and wards who are adults

PART 7

Enduring Powers of Attorney

58. Interpretation — Part 7

59. Enduring power of attorney — general

60. Content of instrument creating an enduring power of attorney

61. Notice of execution of an enduring power of attorney

62. Scope of authority — personal welfare decisions

63. Scope of authority — property and affairs

64. Application to joint and joint and several attorneys

65. Persons who are not eligible to be attorneys

66. Disqualification of attorney

67. Function of court prior to registration

68. Application for registration of instrument creating enduring power

69. Registration of an instrument creating an enduring power of attorney

70. Effect and proof of registration

71. Objections to registration

72. Register of enduring powers

73. Revocation and variation of enduring power

74. Disclaimer by attorney

75. Reports by attorney

76. Complaints in relation to attorneys

77. Applications to court

78. Removal of instrument from the Register

79. Regulations

80. Offences in relation to enduring powers of attorney

81. Transitional provisions

PART 8

Advance Healthcare Directives

82. Definitions — Part 8

83. Purpose of this Part

84. Making of advance healthcare directives, etc.

85. Validity and applicability of advance healthcare directive

86. Effect of advance healthcare directive

87. Designated healthcare representative

88. Functions and scope of authority of designated healthcare representatives

89. Role of courts

90. Offences in relation to advance healthcare directives

91. Codes of practice

92. Persons who may make applications to relevant court under this Part, etc.

93. Review of this Part

PART 9

Director of the Decision Support Service

Chapter 1

Appointment, functions and terms and conditions of Director

94. Appointment of Director

95. Functions of Director

96. Investigations by Director

97. Terms and conditions of Director

Chapter 2

Staff of Director of the Decision Support Service

98. Staff of Director of the Decision Support Service

Chapter 3

Special visitors, general visitors, court friends and panels

99. Special visitors and general visitors

100. Court friends

101. Panels to be established by the Director

Chapter 4

Reports by Director and codes of practice

102. Reports by Director

103. Codes of practice

PART 10

Detention Matters

104. Definitions — Part 10

105. Panel of independent consultant psychiatrists to be established by Mental Health Commission

106. Detention-related safeguards

107. Review of detention orders in certain circumstances (approved centres)

108. Review of detention orders in certain circumstances (non-approved centres)

PART 11

Convention on International Protection of Adults

Chapter 1

Preliminary

109. Interpretation — Part 11

110. Convention given effect

111. Countries, territories and nationals

112. Protective measures

113. Central authority

Chapter 2

Jurisdiction of competent authority

114. Scope of jurisdiction

115. Provisions supplementary to section 114

116. Exercise of jurisdiction

Chapter 3

Applicable law

117. Applicable law

118. Provisions supplementary to section 117

119. Enduring powers of attorney, etc.

120. Disapplication or modification of enduring power of attorney, etc.

121. Protection of third parties

122. Mandatory rules

123. Public policy

Chapter 4

Recognition and enforcement

124. Recognition

125. Application to High Court or court for declaration on measure

126. Provisions supplementary to sections 124 and 125

127. Enforcement

128. Measures taken in relation to those aged under 18

129. Review of measures taken outside State

130. Rules of court

Chapter 5

Co-operation

131. Proposal for cross-border placement

132. Proposal received by central authority under Article 33 of the Convention

133. Requests to be communicated through central authority

134. Adults in danger, etc.

135. Circumstances in which co-operation is prohibited

PART 12

Miscellaneous

136. Patients whose treatment is regulated by Part 4 of Act of 2001

137. Payment for necessary goods and services

138. Consent and capacity in specific matters

139. Application under Part 5, 7 or 8 to be heard in presence of relevant person or persons concerned

140. Wills

141. Appeals

142. Amendment of section 26A of Courts (Supplemental Provisions) Act 1961

143. Amendment of Civil Registration Act 2004

144. Amendment of Act of 2001

145. Offence of ill-treatment or wilful neglect

146. Review of this Act

SCHEDULE

Convention on the International Protection of Adults



Number 64 of 2015


ASSISTED DECISION-MAKING (CAPACITY) ACT 2015

REVISED

Updated to 1 January 2019


An Act to provide for the reform of the law relating to persons who require or may require assistance in exercising their decision-making capacity, whether immediately or IN THE FUTURE, HAVING REGARD, INTER ALIA, TO THE PROTECTIONS AFFORDED BY THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS DONE AT ROME ON THE 4TH DAY OF NOVEMBER 1950 AS IT APPLIES IN THE STATE; to provide for the appointment by such persons of other persons to assist them in decision-making or to make decisions jointly with such persons; to provide for the making of applications to the Circuit Court or High Court in respect of such persons, including seeking the appointment by the Circuit Court of decision-making representatives for such persons; TO PROVIDE FOR THE MAKING OF ADVANCE HEALTHCARE DIRECTIVES BY PERSONS OF THEIR WILL AND PREFERENCES CONCERNING MEDICAL TREATMENT DECISIONS SHOULD SUCH A PERSON SUBSEQUENTLY LACK CAPACITY; TO PROVIDE FOR THE APPOINTMENT IN ADVANCE HEALTHCARE DIRECTIVES OF DESIGNATED HEALTHCARE REPRESENTATIVES WITH THE POWER TO, inter alia, ENSURE THAT THE ADVANCE HEALTHCARE DIRECTIVES CONCERNED ARE COMPLIED WITH; to provide for the appointment and functions of the Director of the Decision Support Service in respect of persons who require or may shortly require assistance in exercising their decision-making capacity; to provide for the amendment of the law relating to enduring powers of attorney; to provide for the ratification by the State of the Convention on the International Protection of Adults; and to provide for related matters.

[30 th December, 2015]

Be it enacted by the Oireachtas as follows: