The Assisted Decision-Making (Capacity) Act 2015 came into effect on the 26th of April 2023 and provides new arrangements for adults who may have difficulties with decision-making capacity. This could include adults with an intellectual disability, a mental illness, an acquired brain injury, or those with neurodegenerative conditions such as dementia. The Decision Support Service (DSS) has been set up to support adults who may require help, now or in the future, to exercise their right to make decisions about personal welfare, property, or affairs.
There are three main arrangements which are available under the Act:
- Decision-making assistance agreement If you require support to make certain decisions on your own, you can make a decision-making assistance agreement. This agreement lets you appoint someone you know and trust as a decision-making assistant. Your decision-making assistant will help you to get information and explain it to you. They can help you to understand and weigh up your options. They can also help to let other people know what your decision is.
- Co-decision-making agreement If you are unable to make certain decisions on your own, you can appoint a person you trust as your co-decision maker. under a co-decision-making agreement. This agreement lets you write down decisions you need help with and give someone the legal authority to make those decisions jointly with you. These decisions can be about your personal welfare or your property and money matters.
- Decision-making representation order If you are unable to make certain decisions even with someone else’s support, the court may appoint a decision-making representative to you. The decision-making representative is appointed by the court to make certain decisions on your behalf, taking into account your wishes. If possible, the court will appoint someone you know and trust as your decision-making representative. However, if there is no-one willing or able to act on your behalf, the court may appoint someone from a panel of trained experts.
For further information or assistance from the DSS, please see their website https://www.decisionsupportservice.ie/ e-mail them at queries@decisionsupportservice.ie or call them on (01) 211 9750.