Assisted Decision Making

The Assisted Decision-Making Act 2015 is a transformative piece of legislation that redefines how we support individuals with impaired or diverse capacities in making decisions. It focuses on respecting the rights, will, and preferences of individuals while providing the necessary support for them to participate fully in decisions affecting their lives.

  • Assisted decision-making is about empowering choices, not taking them away

  • Everyone deserves a voice in their own future—support makes it possible

  • The Assisted Decision-Making Act puts dignity and autonomy at the heart of every decision

Key Principles of Assisted Decision-Making

  1. Respect for Autonomy
    The Act promotes the principle that every adult has the right to make their own decisions, with support if needed, and should be presumed to have capacity unless proven otherwise.

  2. Support, Not Substitution
    The framework encourages enabling individuals to make their own choices wherever possible, rather than substituting decisions on their behalf.

  3. Will and Preferences Take Priority
    Decision-making processes are centred on the individual’s will and preferences, ensuring that their voice remains at the heart of all actions and decisions.

Types of Decision-Making Support

The Act introduces a tiered structure of supports tailored to different levels of need:

  1. Decision-Making Assistance Agreements
    Individuals can appoint a trusted person to support them in gathering information, understanding options, and communicating decisions.

  2. Co-Decision-Making Agreements
    In more complex scenarios, individuals and their chosen co-decision-maker share responsibility for decisions. This is a mutual arrangement where both parties agree on decisions together.

  3. Decision-Making Representatives
    If an individual cannot make decisions even with support, the court may appoint a Decision-Making Representative (DMR). A DMR acts on the person’s behalf but must always follow their known will and preferences as far as possible.

Decision-Making Representative

Decision-Making Representative

A Decision-Making Representative is typically a trusted individual, such as a family member or friend, but may also be a professional where appropriate. They are appointed by the court and operate under strict guidelines to ensure their actions reflect the individual’s best interests and wishes.


How Does the Act Affect Families and Professionals?

For Families:

  • It offers clarity and legal structure for supporting loved ones in making decisions.

  • It encourages open dialogue about preferences and future planning.

For Professionals:

  • It provides a framework for assessing capacity and delivering support within ethical and legal boundaries.

  • It requires training and awareness to ensure compliance with the principles of the Act.

Contact Us

Please contact Muriel by emailing muriel@murielmooresolicitors.com or by phone +252 87 221 1808 if you would like assistance, advice or representation in relation to any issues regarding the Assisted Decision Making Capacity Act.