Assisted Decision-Making (Capacity) Act (2015)

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

The Assisted Decision-Making (Capacity) Act (2015) (PDF) 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 will assist 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.

Learn more about the Act

We have a number of resources with more information about the Act:

A short explainer video on the Act

A full presentation on the Act

Frequently Asked Questions on the Act

Other resources, including e-learning programmes

Latest News and Upcoming Events

Poster

A poster for staff is now available to in a high resolution PDF print version on our resources page click here to view and print

Assisted Decision-Making Mentorship Programme

We are commencing an Assisted Decision-Making Mentorship Programme

The aim of the new Assisted Decision-Making Mentorship Program is to build capacity of local front-line staff (mentees) that will be directly involved with people utilising the Assisted Decision-Making Act and provide these staff with hands-on support from mentors over a 12-month timeframe.

Each CHO area and Hospital Group have been allocated places for three Mentors and 36 mentees. Each mentor works with their group of 12 mentees monthly over the 12-month program which commences in September 2023.

Please find attached the below expression of interest flyers and application forms for mentors and mentees which have been circulated via each CHO Chief Officer and Hospital Group CEOs:

Please note that the programme is open to staff in HSE and HSE funded services only. The closing date for receipt of applications for the mentor and mentee places has now been extended to close of business on Friday 9th June 2023.

Video recording of resources available on our webpage

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.  Please click here to view.  

Assisted Decision-Making (Capacity) Act 2015 and HSE National Consent Policy 2022

Learning Needs Survey

The HSE National Office for Human Rights and Equality Policy, Strategy and Research, recently developed a short survey to gain a better understanding of the learning needs of HSE staff to support the implementation of the 2015 Act and the HSE National Consent Policy 2022.

This survey is now closed.  Thank you to everyone who kindly took the time to contribute to this very important survey. 

E-learning programme

The Assisted 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 www.hseland.ie to enroll in the course

Upcoming Webinars

We recently hosted two webinars in March to support staff in advance of commencement: 

'Getting ready for Advance Healthcare Directives under the Assisted Decision-Making (Capacity) Act 2015' held on Wednesday 29th March 2023. 

This webinar gave an overview of Advance Healthcare Directives, with focus on some practical, legal, mental health service and personal considerations along with information about the Decision Support Service Codes of Practice relating to Advance Healthcare Directives.  The recording of this webinar can be viewed here

Our webinar on Getting ready for commencement of the Assisted Decision-Making (Capacity) Act 2015' held on Tuesday 21st March 2023 can be viewed here

 

Update on Commencement of the Assisted Decision-Making (Capacity) Act 2015

Announcement of the abolition of wardship and the operationalisation of the Assisted Decision-Making Act and Decision Support Service

The Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, Minister for Health, Stephen Donnelly, Minister for Justice, Simon Harris, Minister of State for Disability, Anne Rabbitte, and Minister of State for Mental Health and Older People, Mary Butler, announced on Wednesday 26th April the commencement of the Assisted Decision-Making (Capacity) Act 2015, the operationalisation of the Decision Support Service, the introduction of a new system of decision-making supports, and the abolition of wardship.

Please see related press release

Update from the Decision Support Service

The Decision Support Service have published 13 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. Please click here for access to the codes.  

The Decision Support Service have developed a short video for families explaining the Assisted Decision-Making (Capacity) Act 2015

 

Update from the Court Services

The Courts Service have published an update on the Assisted Decision-Making (Capacity) Act 2015 and Care Representative Applications

 

When the Act fully commences the Ward of Court System for Adults will be abolished.  In the interim a HSE guidance document was developed to provide a clear and consistent approach on 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.

If you want to join our mailing list, please contact adm@hse.ie