About the Assisted Decision- Making (Capacity) Act 2015
INTRODUCTION
In 2018, Ireland ratified the UN Convention on the Rights of Persons with Disabilities. The Assisted Decision-Making (Capacity) Act 2015 came into Irish law in April 2023. It marks a significant step in consolidating the rights of vulnerable people, specifically putting into law the support people are entitled to, to make their own decisions.
It marks a significant change in Irish law, putting for the first time the will and preference of any person at the centre of decisions concerning them.
The Decision Support Service (DSS) is the body set up to oversee the practice of decision support. It is a hybrid service, with many of its forms and processes available on its online website.
The main changes brought about by the Act include:
The main changes brought about by the Act include:
The main changes brought about by the Act include:
Capacity is assessed in relation to specific decisions, for example accommodation, finances, level of
personal care support, and education.
A decision supporter will support the person to make those specific decisions to give effect to their
preference (to the extent possible in the circumstances).
A person is presumed to have capacity, unless they are assessed not to be able to make decisions:
- on their own, or
- with the assistance of a suitable person as a co-decision maker,
4. The Act sets out detailed guiding principles which ensure that any intervention is proportionate, and
minimal in its effect on the person’s freedom of action and right to autonomy.
