Assisted Decision-Making (Capacity) Act 2015


Performance of functions of decision-making assistant

14. (1) In exercising his or her functions as specified in the decision-making assistance agreement, the decision-making assistant shall—

(a) assist the appointer to obtain the appointer’s relevant information,

(b) F17[assist] the appointer by explaining relevant information and considerations relating to a relevant decision,

(c) ascertain the will and preferences of the appointer on a matter the subject or to be the subject of a relevant decision and assist the appointer to communicate them,

(d) assist the appointer to make and express a relevant decision, and

(e) endeavour to ensure that the appointer’s relevant decisions are implemented.

(2) A decision-making assistant shall not make a decision on behalf of the appointer.

(3) A relevant decision taken by the appointer with the assistance of the decision-making assistant is deemed to be taken by the appointer for all purposes.




Substituted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 12, S.I. No. 194 of 2023.