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 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.
Learn more about the Act
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
Resources, including presentations, videos and information on e-learning programmes relating to ADM
Latest News and Upcoming Events
A poster for staff is now available in a high-resolution PDF print version on our resources page.
Assisted Decision-Making Mentorship Programme
We are launching 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 (Capacity) Act 2015 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 begins 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 have now closed.
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.
Watch the video recording of resources (Youtube)
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.
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 HSeLand to enroll in the course
We hosted a webinar titled: Assisted Decision-Making (Capacity) Act 2015: Update since commencement on Wednesday 14th June at 2pm to 3.30pm.
This webinar focused on providing an update on what has happened since commencement and the changes that have occurred in practice. The webinar also focused on how and when to interact with the DSS, the Codes of Practice, the DSS Register, wardship transition, the Courts Service and the Nursing Home Support Scheme.
Chaired by: Professor Mary Donnelly, School of Law, UCC and Co-Chair of the HSE ADM Steering Group
Speakers and Panel included: Áine Flynn, Director of the Decision Support Service; Alice White, Registrar of the Office of Wards of Court; Professor Shaun O’Keeffe, Consultant Geriatrician, University Hospital Galway and Co-Chair of the HSE ADM Steering Group; Elaine Kenny, Circuit and District Court Operations, Courts Service; Ultan Hynes, Head of Service, NHSS.
View the webinar
View the webinar series
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.
Decision Support Service publishes codes of practice
The Decision Support Service have developed a short video for families explaining the Assisted 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.
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 HSE guidance document was 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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