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Assisted Decision-Making (Capacity) (Amendment) Act 2026

In short

This law allows the wardship court to extend deadlines for making capacity declarations under the Assisted Decision-Making (Capacity) Act 2015 in specific wardship cases. It aims to provide flexibility when original deadlines cannot be met.

What it regulates

  • The extension of time periods for making a capacity declaration under section 55(1) of the 2015 Act.
  • The conditions under which such extensions can be granted by the wardship court.
  • The maximum duration for these extensions.
  • The notification process for wards regarding extension orders.

Who it concerns

  • Individuals who are subject to wardship court proceedings.
  • The wardship court itself, as it is granted the power to extend time periods.

Key points

  • The wardship court can extend the time period if "good reason" is shown and it is "in the interests of justice."
  • Further extensions can be granted in "exceptional circumstances" if it is "in the interests of justice."
  • Any single extension period is determined by the court as "necessary and proportionate."
  • Overall extensions cannot exceed 18 months or extend beyond 25 October 2027, whichever is earlier, for matters under subsection (2). For matters under subsection (3), overall extensions cannot exceed 18 months.
Legal text
Legal text

Assisted Decision-Making (Capacity) (Amendment) Act 2026 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

  1. ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
  2. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2026 Assisted Decision-Making (Capacity) (Amendment) Act 2026 Assisted Decision-Making (Capacity) (Amendment) Act 2026 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 8 of 2026 ASSISTED DECISION-MAKING (CAPACITY) (AMENDMENT) ACT 2026 CONTENTS Section 1. Amendment of section 54 of Assisted Decision-Making (Capacity) Act 2015 2. Short title Acts Referred to Assisted Decision-Making (Capacity) Act 2015 (No. 64) Number 8 of 2026 ASSISTED DECISION-MAKING (CAPACITY) (AMENDMENT) ACT 2026 An Act to enable the wardship court to extend, in certain circumstances, in respect of certain individual wardship cases, the time period specified in section 54

(2)or section 54
(3)of the Assisted Decision-Making (Capacity) Act 2015 for a capacity declaration to be made under section 55
(1)of the Act, in circumstances where the expiry of that time period is imminent and will not be met in those individual cases; for these and other purposes to amend the Assisted Decision-Making (Capacity) Act 2015 ; and to provide for related matters. [31st March, 2026] Be it enacted by the Oireachtas as follows: Amendment of section 54 of Assisted Decision-Making (Capacity) Act 2015 1. Section 54 of the Assisted Decision-Making (Capacity) Act 2015 is amended— (a) by the insertion of the following subsection after subsection
(2): “(2A) In any matter before the wardship court under subsection
(1)or
(2)— (a) the wardship court may, in relation to that matter, extend the time period specified in subsection
(2)for a declaration under section 55
(1)where the wardship court is satisfied that— (
  1. i)good reason has been shown as to why that time period will not be met, and (
  2. ii)it is in the interests of justice to do so, and, where the court so extends the time period, subsection
(2)shall thereafter be construed accordingly in relation to that matter, (
  1. b)the time period of any extension granted under paragraph (
  2. a)shall, subject to paragraph (g), be such period as the wardship court considers necessary and proportionate in the circumstances of the case, (
  3. c)the wardship court may extend the time period granted under paragraph (
  4. a)where the wardship court is satisfied that— (
  5. i)exceptional circumstances have been shown as to why a further extension of time will be required, and (
  6. ii)it is in the interests of justice to do so, and, where the court so extends the time period, subsection
(2)shall thereafter be construed accordingly in relation to that matter, (
  1. d)the time period of any extension granted under paragraph (
  2. c)shall, subject to paragraph (g), be such further period as the wardship court considers necessary and proportionate in the circumstances of the case, (
  3. e)the wardship court may discharge, or, subject to this subsection, vary on such terms as it considers fit, any order made under paragraph (
  4. a)or (
  5. c)at any stage, (
  6. f)where the ward has not participated in the making of an order under this subsection, he or she shall be notified of the making of any such order as soon as practicable after its making, and (
  7. g)any extensions of time granted in respect of any matter by the wardship court pursuant to this subsection shall not exceed an overall time period of 18 months or extend beyond 25 October 2027, whichever is the earlier.”, and (
  8. b)by the insertion of the following subsection after subsection
(3): “(3A) In any matter before the wardship court under subsection
(3)— (a) the wardship court may, in relation to that matter, extend the time period specified in subsection
(3)for a declaration under section 55
(1)where the wardship court is satisfied that— (
  1. i)good reason has been shown as to why that time period will not be met, and (
  2. ii)it is in the interests of justice to do so, and, where the court so extends the time period, subsection
(3)shall thereafter be construed accordingly in relation to that matter, (
  1. b)the time period of any extension granted under paragraph (
  2. a)shall, subject to paragraph (g), be such period as the wardship court considers necessary and proportionate in the circumstances of the case, (
  3. c)the wardship court may extend the time period granted under paragraph (
  4. a)where the wardship court is satisfied that— (
  5. i)exceptional circumstances have been shown as to why a further extension of time will be required, and (
  6. ii)it is in the interests of justice to do so, and, where the court so extends the time period, subsection
(3)shall thereafter be construed accordingly in relation to that matter, (
  1. d)the time period of any extension granted under paragraph (
  2. c)shall, subject to paragraph (g), be such further period as the wardship court considers necessary and proportionate in the circumstances of the case, (
  3. e)the wardship court may discharge, or, subject to this subsection, vary on such terms as it considers fit, any order made under paragraph (
  4. a)or (
  5. c)at any stage, (
  6. f)where the ward has not participated in the making of an order under this subsection, he or she shall be notified of the making of any such order as soon as practicable after its making, and (
  7. g)any extensions of time granted in respect of any matter by the wardship court pursuant to this subsection shall not exceed an overall time period of 18 months.”. Short title 2. This Act may be cited as the Assisted Decision-Making (Capacity) (Amendment) Act 2026. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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