Irish Capacity Law and Assisted Decision-Making

Irish Capacity Law and Assisted Decision-Making cover

Irish Capacity Law and Assisted Decision-Making

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Pre-order. Available 22 May 2025
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Description

This book is an in-depth guide to capacity law in Ireland and the Assisted Decision-Making (Capacity) Act 2015. Part 1 describes the current capacity law framework in Ireland, including the regime utilised for deprivation of liberty safeguards and case law pertaining to consent and medical treatment. Part 2 sets out a background to the 2015 Act, with a description of conventions that shaped it, and it analyses the legislation in detail, comparing relevant case law from other jurisdictions.

This title contextualises the key features of the 2015 Act, which:

- Abolishes the Wards of Court system and repeals the Lunacy regulations
- Establishes a tiered system of decision support arrangements for persons who require support in making decisions
- Provides for the individual's right of autonomy and self-determination to be respected in all areas of decision-making including via an Enduring Power of Attorney and an Advance Healthcare Directive
- Establishes a Decision Support Service with clearly defined functions, including the promotion of public awareness relating to persons requiring assistance in exercising their capacity

This book covers recent developments in the area, including the ratification of the Convention on the Rights of Persons with Disabilities by Ireland in 2018. This is an essential guide to capacity law in Ireland, the reforming legislation and its practical implications.

This title is included in Bloomsbury Professional's Irish Medical Law online service.

Table of Contents

Part One: Background;
Introduction;
Review of Capacity legalisation in Ireland;
Impetus for Change;
Part Two: The Assisted Decision-Making (Capacity) Act 2015;
Person's capacity to be construed functionally;
Guiding principles;
Wards:
Review of capacity of wards who are adults;
Declarations following review and discharge from wardship;
Assisted Decision-Making;
Co-Decision-Making;
Decision-Making Representatives;
Applications to Court in respect of Relevant Persons and Related Matters;
Declarations as to capacity, etc., and matters following declarations;
Decisions by court or decision-making representative appointed by Court;
Enduring Powers of Attorney;
Advance Healthcare Directives;
Director of the Decision Support Service;
Special visitors, general visitors, court friends and panel to be established by the Director;
Detention Matters;
Convention on International Protection of Adults;
Appeals and Amendments.

Product details

Published 22 May 2025
Format Ebook (PDF)
Edition 1st
Extent 350
ISBN 9781784518516
Imprint Bloomsbury Professional
Publisher Bloomsbury Publishing

About the contributors

Author

Áine Hynes

Áine Hynes SC is a partner with St John Solicitors…