Assisted Decision-Making (Capacity) Act (2015)

What is the Assisted Decision-Making (Capacity) Act (2015)?

The Assisted Decision-Making (Capacity) Act (2015) 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.

While the Act was signed into law in 2015, it hasn’t commenced yet.  We have received communication from the Department of Children, Equality, Disability, Integration and Youth (DCEDIY) in relation to commencement of the Assisted Decision-Making (Capacity) Act (2015). They have stated that it is the intention of the Department to move the Assisted Decision-Making (Capacity) (Amendment) Bill 2022 through the Seanad as quickly as possible.  They have also informed us that the 21st November 2022 has been selected as the ‘go live’ date for the operation of the Act.  When the Act is commenced it will come fully into effect and people and organisations will have to follow it.

Learn more about the Act

Please see our explainer video to learn more about the Act. We designed it so that the video can be used across all services. It includes the voices of staff and people who use our services.

Additionally, you can read our Frequently Asked Questions to the Act.

For further information on the Act we have a host of other resources, including E-Learning, pre-recorded presentations, and FAQ's

Latest News and Upcoming Events

Commencement of the Act: We have received communication from the Department of Children, Equality, Disability, Integration and Youth (DCEDIY) in relation to commencement of the Assisted Decision-Making (Capacity) Act (2015). They have stated that it is the intention of the Department to move the Assisted Decision-Making (Capacity) (Amendment) Bill 2022 through the Seanad as quickly as possible. 

They have also informed us that the 21st November 2022 has been selected as the ‘go live’ date for the operation of the Act.

Recent webinars: We hosted a webinar series on the commencement and implementation of the Assisted Decision-Making (Capacity) Act (2015) from February to June 2022. These webinars were based on scenarios submitted by staff, which were explored by panel discussion.

Short Presentation on the Act: We have recorded a short presentation on the Assisted Decision-Making (Capacity) Act 2015.

The Assisted Decision-Making (Capacity) (Amendment) Bill 2022 has been published by the Department of Children, Equality, Disability, Integration and Youth. 

Wardship

HSE Community Operations have developed a guidance document to provide for a clear and consistent approach on steps required before an application for wardship of an adult is considered by the HSE.

The Office of the Wards of Courthave information on their website in relation to their plans for commencement of the Assisted Decision-Making (Capacity) Act 2015.

About this Webpage & Quick Links 

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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