Assisted Decision Making (Capacity) Act 2015

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The Assisted Decision Making (Capacity) Act 2015 was signed into law on the 30th December 2015. This Act applies to everyone and is relevant to all health and social care services.  The Act is about supporting decision making and maximising a person’s capacity to make decisions.

The Act has not yet been commenced.  However the HSE is doing a number of things to prepare staff and services for commencement. It has established a National Steering Group which includes staff, service users and expert advisers. It is preparing national guidance for staff on what the Act will mean for day to day practice. A national consultation process took place in April 2017. You can find more information here. The group is also preparing a training and education programme to support staff and services to use the Act in their every day services.  This website has been developed to provide updated information on what the HSE is doing and when the Act might be commenced. 

Latest news on the Act:

  • The Minister for Justice, Frances Fitzgerald T.D. and the Minister for Health, Simon Harris T.D. have signed Statutory Instruments which commences some parts of the Assisted Decision-Making (Capacity) Act 2015. The commencement orders – which were signed in October 2016 – mean that some parts of the Capacity Act have been brought into effect. These orders mean that the Decision Support Service (DSS) can be established and the working group to establish the code of practice for Advance Healthcare Directives can also be convened.
  • The Director of the Decision Support Service will start on 2nd October 2017. You can find more information on the establishment of the Decision Support Service here.
  • The National Disability Authority is progressing development of 11 non-healthcare Codes of Practice. Please click here to find more information.

Latest news on the HSE ADM Implementation Programme:

We are looking for your feedback on the draft Codes of Practice on Advance Healthcare Directives. Please click here to access the consultation page.

The consultation process on the draft Guide on the Act for health and social care professionals has now concluded. Please click here to access the consultation page.

Further information