Assisted Decision-Making (Capacity) Act 2015
Number 64 of 2015
ASSISTED DECISION-MAKING (CAPACITY) ACT 2015
REVISED
Updated to 25 May 2023
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 the Social Welfare (Child Benefit) Act 2023 (13/2023), enacted 25 May 2023, and all statutory instruments up to and including the Rules of the Superior Courts (Assisted Decision-Making (Capacity) Act 2015) 2023 (S.I. No. 261 of 2023), made 25 May 2023, 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 25 May 2023
CONTENTS
Preliminary and General
Section
1. Short title and commencement
3. Person’s capacity to be construed functionally
Principles that Apply before and during Intervention in respect of Relevant Persons
Assisted Decision-Making
10. Decision-making assistance agreement
11. Persons who are not eligible to be decision-making assistants
13. Disqualification as decision-making assistant
14. Performance of functions of decision-making assistant
15. Complaints in relation to decision-making assistants
15A. Offence in relation to decision-making assistance agreement
Co-Decision-Making
17. Co-decision-making agreement
18. Persons who are not eligible to be co-decision-makers
19. Performance of functions of co-decision-maker
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
31A. Matters to be specified by Director in relation to co-decision-making agreements
33. Role of Director where nullity occurs
34. Offences in relation to co-decision-making agreements
Applications to Court in respect of Relevant Persons and Related Matters
Application of this Part
Applications under this Part
36. Persons who may make applications to court under this Part, etc.
Declarations as to capacity, etc., and matters following declarations
37. Power of court to make declarations as to capacity, etc.
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
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
Interim orders, reviews and expert reports
49. Review of declaration as respects capacity
Notification of Director of the Decision Support Service of declarations, etc., under this Part
51. Notification of Director of the Decision Support Service
Legal aid in respect of applications under this Part
Wards
54. Review of capacity of wards who are adults
54A. Assistance to ward during proceedings
55. Declarations following review and discharge from wardship
55A. Review of declaration by wardship court as respects capacity
57. Director and wards who are adults (Repealed)
57A. Amendment of Act of 1995 regarding Part 6
Enduring Powers of Attorney
58A. Provisions regarding trust corporations
58B. Liability of officers of trust corporation for offences
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 (Repealed)
62. Scope of authority — personal welfare decisions (Repealed)
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 acceptance of notification
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 (Repealed)
71. Objections to registration
71A. Notification to Director by attorney
71B. Objections to acceptance by Director of notification
71C. Acceptance by Director of notification
71D. Effect and proof of acceptance by Director of notification
72. Register of enduring powers
73. Revocation and variation of enduring power
73A. Provisions regarding where donor regains capacity after acceptance by Director of notification
76. Complaints in relation to attorneys
78. Removal of instrument from the Register
79A. Matters to be specified by Director in relation to enduring powers of attorney
80. Offences in relation to enduring powers of attorney
Advance Healthcare Directives
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
90. Offences in relation to advance healthcare directives
92. Persons who may make applications to relevant court under this Part, etc.
93. Review of this Part (Repealed)
Director of the Decision Support Service
Appointment, functions and terms and conditions of Director
95A. Regulations providing for disclosure of certain data by Director
95B. Documents in electronic form
96. Investigations by Director
96A. Temporary prohibition order
96B. Power of Director to specify form of signature
97. Terms and conditions of Director
Staff of Director of the Decision Support Service
98. Staff of Director of the Decision Support Service
Special visitors, general visitors, court friends and panels
99. Special visitors and general visitors
101. Panels to be established by the Director
Reports by Director and codes of practice
Detention Matters
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)
Convention on International Protection of Adults
Preliminary
111. Countries, territories and nationals
Jurisdiction of competent authority
115. Provisions supplementary to section 114
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
Recognition and enforcement
125. Application to High Court or court for declaration on measure
126. Provisions supplementary to sections 124 and 125
128. Measures taken in relation to those aged under 18
129. Review of measures taken outside State
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
135. Circumstances in which co-operation is prohibited
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
142. Amendment of section 26A of Courts (Supplemental Provisions) Act 1961
143. Amendment of Civil Registration Act 2004
144. Amendment of Act of 2001 (Repealed)
145. Offence of ill-treatment or wilful neglect
Convention on the International Protection of Adults
Acts Referred to
Civil Legal Aid Act 1995 (No. 32)
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)
Civil Registration Act 2004 (No. 3)
Companies Act 2014 (No. 38)
Courts (Supplemental Provisions) Act 1961 (No. 39)
Courts and Court Officers Act 2009 (No. 36)
Criminal Law (Insanity) Act 2006 (No. 11)
Criminal Law (Insanity) Act 2010 (No. 40)
Criminal Law (Suicide) Act 1993 (No. 11)
Domestic Violence Act 1996 (No. 1)
Health Act 2007 (No. 23)
Health and Social Care Professionals Act 2005 (No. 27)
Local Government Act 2001 (No. 37)
Lunacy Regulation (Ireland) Act 1871 (34 & 35 Vict., c. 22)
Marriage of Lunatics Act 1811 (51 Geo. 3) c.37
Medical Practitioners Act 2007 (No. 25)
Mental Health Act 2001 (No. 25)
Nursing Homes Support Scheme Act 2009 (No. 15)
Personal Insolvency Act 2012 (No. 44)
Powers of Attorney Act 1996 (No. 12)
Public Service Management (Recruitment and Appointments) Act 2004 (No. 33)
Sale of Goods Act 1893 (56 & 57 Vict., c. 71)
Succession Act 1965 (No. 27)
Number 64 of 2015
ASSISTED DECISION-MAKING (CAPACITY) ACT 2015
REVISED
Updated to 25 May 2023
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 SUBSECQUENTLY 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:
Annotations
Modifications etc. (not altering text):
C1
Functions transferred and references construed (14.10.2020) by Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
Note change of name of Department and title of Minister to Department of and Minister for Children, Equality, Disability, Integration and Youth made (15.10.2020) by Children and Youth Affairs (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 437 of 2020), in effect as per art. 1(2).
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.
(2) References to the Department of Justice and Equality contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.
3. (1) The functions vested in the Minister for Justice and Equality -
(a) by or under the enactments specified in Schedule 1, and
...
are transferred to the Minister for Children and Youth Affairs.
...
(3) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act, and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.
SCHEDULE 1
Article 3(1)(a)
Enactments, functions by or under which are transferred from the Minister for Justice and Equality to the Minister for Children and Youth Affairs
...
Assisted Decision-Making (Capacity) Act 2015 (No. 64 of 2015)
...