Assisted Decision-Making (Capacity) Act 2015

In short

This law reforms the legal framework concerning individuals who need assistance with decision-making, focusing on their capacity to make decisions. It introduces new mechanisms to support and protect these individuals.

What it regulates

• Decision-making assistance agreements and co-decision-making agreements.
• Applications to court regarding a person's capacity and the appointment of decision-making representatives.
• Enduring powers of attorney, including their creation, registration, and revocation.
• Advance healthcare directives, outlining their making, validity, and effect.

Who it concerns

• Individuals who require or may require assistance in decision-making.
• Decision-making assistants, co-decision-makers, and attorneys under enduring powers of attorney.

Key points

• A person's capacity is to be understood functionally.
• The Circuit Court has exclusive jurisdiction for most matters under this Act, with some exceptions for the High Court.
• The Act establishes a Director of the Decision Support Service to oversee and support the new decision-making frameworks.
• It includes provisions for the review of capacity for wards who are adults and their discharge from wardship.