Understanding the Guiding Principles of the Assisted Decision-Making (Capacity) Act 2015

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The Assisted Decision-Making (Capacity) Act 2015 (ADMA) marks a significant shift in Irish law regarding individuals who may require assistance in exercising their decision-making capacity. This groundbreaking legislation, which came into full effect on 21 November 2022, aims to safeguard the rights and dignity of those with impaired capacity by providing a framework for supported decision-making.

Key Principles of the ADMA

The ADMA is underpinned by a set of guiding principles designed to protect the autonomy and rights of individuals:

  1. Presumption of Capacity: Every individual is presumed to have decision-making capacity unless proven otherwise. This ensures that capacity assessments are conducted only when absolutely necessary and not as a matter of routine.
  2. Functional Approach to Capacity: Capacity is assessed on a decision-specific basis. This nuanced approach recognises that an individual may have the capacity to make some decisions but not others, and that capacity can fluctuate over time.
  3. Support in Decision-Making: The ADMA emphasises providing support to enable individuals to make their own decisions wherever possible. This principle promotes autonomy and self-determination, ensuring that individuals are empowered to participate in decisions affecting their lives.
  4. Respect for Unwise Decisions: Making unwise or eccentric decisions does not necessarily indicate a lack of capacity. This principle protects an individual’s right to make choices that others may disagree with, respecting personal autonomy.
  5. Least Restrictive Intervention: When intervention is necessary, the ADMA mandates that it should be done in a way that minimally restricts the person’s rights and freedom of action. Any intervention must be proportionate to the situation’s urgency and significance.
  6. Promotion of Dignity and Autonomy: The ADMA values respecting individuals’ dignity and autonomy. It requires that people be encouraged and facilitated to participate in decisions affecting them to the greatest extent possible.

Practical Implications of the ADMA

The implementation of the ADMA has far-reaching implications for individuals, families, and professionals involved in capacity-related matters. Some key areas affected include:

  • Assessment procedures for decision-making capacity
  • The establishment of various decision-support arrangements
  • The role and responsibilities of decision-making assistants, co-decision-makers, and decision-making representatives
  • The process for creating and registering enduring powers of attorney
  • The gradual phasing out of the ward of the court system

These changes aim to create a more person-centred approach to capacity issues, ensuring that individuals receive the support they need while maintaining their autonomy to the greatest extent possible.

Real-Life Impact

Consider the case of Mary, a 65-year-old woman diagnosed with early-stage dementia. Under the ADMA, Mary was able to appoint her daughter as a co-decision-maker, allowing her to maintain control over important decisions while receiving support when needed. This arrangement has enabled Mary to continue living independently in her own home, with the assurance that her wishes and preferences are respected and supported.

How KOD Lyons Can Assist

At KOD Lyons, our team of experienced solicitors specialises in mental health law and issues related to decision-making capacity. We offer comprehensive legal services to help navigate the complexities of the ADMA, including:

  • Advising on capacity assessments and their legal implications
  • Assisting with the establishment of decision-support arrangements
  • Guiding the roles and responsibilities of decision-makers
  • Representing clients in legal proceedings related to capacity issues
  • Offering expert advice on the creation and registration of enduring powers of attorney

Our dedicated team is committed to providing compassionate, expert legal support tailored to your unique situation. We understand the sensitive nature of capacity-related issues and strive to ensure that our client’s rights and dignity are protected throughout the legal process.

If you or a loved one requires assistance with matters related to decision-making capacity or the ADMA, don’t hesitate to contact us. We’re here to help you navigate this complex area of law and ensure that your rights are upheld.

 

Contact KOD Lyons today to arrange a consultation.

Call +353 1 679 0780 or email info@kodlyons.ie. 

Related Services:

  • Assisted Decision Making: Learn more about how KOD Lyons can support you in navigating the ADMA and ensuring your rights are protected.
  • Family Law: Find out how we can assist you with a range of family law matters, including those related to decision-making capacity.
  • Personal Injuries & Medical Negligence: Learn about our expertise in representing clients in personal injury and medical negligence cases.

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Tel: +353 1 679 0780
Email: info@kodlyons.ie

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