The Assisted Decision-Making (Capacity) Act (2015) (as amended) is about supporting decision-making and maximising a person’s capacity to make decisions. This Act applies to everyone and is relevant to all health and social care services.
This new Act assists in complying with human-rights obligations contained in the Constitution of Ireland, the European Convention on Human Rights, and the United Nations Convention on the Rights of Persons with Disabilities.
We have a number of resources with more information about the Act:
A short explainer video on the Act (Youtube)
A full presentation on the Act (Youtube)
Frequently Asked Questions on the Act
Presentations, videos and e-learning programmes relating to ADM
Latest news and upcoming events
Assisted Decision-Making (Capacity) Act 2015: An Evening with Judge John O'Connor
On Wednesday 21st February 2024, we hosted an evening with Judge John O'Connor, who gave us an insight into the implementation of the Act in the Circuit Court. Judge O'Connor's presentation was followed by a Q&A session, chaired by Professor Mary Donnelly, School of Law, University College Cork. The evening concluded with questions from the floor to the Judge and a panel of experts, including Professor Shaun O'Keeffe, Aine Flynn, Director of the Decision Support Service, Bibiana Savin, Assistant CEO, Sage Advocacy, and Suzy Byrne, disability advocate and Regional Manager, National Advocacy Service for People with Disabilities.
Watch the recording of the event (YouTube)
Judge John O'Connor's slides
Video recording of resources
Elaine McCaughley, Senior Project Manager, from the HSE National Office for Human Rights and Equality Policy recorded the following video walking through the resources that are available to healthcare workers to understand the new responsibilities under the Assisted Decision-Making (Capacity) Act 2015 on our webpage.
Watch the video recording of resources (Youtube)
Links to resources (PDF)
E-learning programme
TheAssisted Decision-Making (Capacity) Act 2015: Guidance for Healthcare Workers e-learning programme was launched on HSeLanD on 7th March 2023. This e-learning programme includes 3 modules:
- Module 1: Guiding Principles
- Module 2:Working with Decision Supporters appointed under the 2015 Act
- Module 3: Advance Healthcare Directives
Search "Assisted Decision-Making (Capacity) Act 2015 – Guidance for Healthcare Workers" on HSeLand to enroll in the course
Webinars
We hosted a webinar titled:Assisted Decision-Making (Capacity) Act 2015: Discharge from Wardship on 26th February 2024.
This webinar provided an update on discharge from wardship and what staff can do to support this. The webinar focussed on the capacity and discharge applications, the new decision-support options that are available, the role of the General Solicitor and the importance of will and preference and the voice of the person.
Update from the Decision Support Service
The Decision Support Service have published13 codes of practice for decision supporters, interveners and relevant professionals, providing guidance for their functions and responsibilities under the Assisted Decision-Making (Capacity) Act 2015.
Decision Support Service publishes codes of practice
The Decision Support Service have developed a short video for families explaining theAssisted Decision-Making (Capacity) Act 2015
Update from the Court Service
Capacity Statement under Part 5 of the Assisted Decision-Making (Capacity) Act 2015
The Court Service have signed off on this document as a guide to the functional assessment of capacity required for a Capacity Application under Part 5 of the Assisted Decision Making (Capacity) Act 2015. To note this is not a legal document and has been developed for guidance purposes only.
In addition, the Court Service have created a flow-chart on how to make a capacity application.
Capacity Statement under Part 5 of the Assisted Decision-Making (Capacity) Act 2015 (PDF)
The Courts Service have published an update on the Assisted Decision-Making (Capacity) Act 2015 and Care Representative Applications.
The 2015 Act commenced on the 26th April. The Wards of Court Office stopped accepting wardship applications on the 25th April 2023. From 26th April applications under Part 5 of the Assisted Decision-Making (Capacity) Act 2015 as amended will be made to the Circuit Court.The Wards of Court Office will commence the three year statutory review and the discharge of all adult wards of court. A HSEguidance documentwas developed prior to commencement of the 2015 Act to provide a clear and consistent approach on the steps required before an application for wardship of an adult is considered by the HSE.
About this webpage
This webpage is from the HSE National Office for Human Rights and Equality Policy Team.It aims to present information and resources relevant to the Assisted Decision-Making (Capacity) Act 2015 to help healthcare workers implement the Act in their work.
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