Introduction
New laws about Assisted Decision-Making will become operational in Ireland on 26 April 2023 and will provide for new and updated arrangements for people who need help making life decisions.
At different times in our lives, we all need to make decisions. We make important decisions about our finances, property, employment, accommodation, healthcare and social supports. Decision support arrangements are legally recognised arrangements for people who need support to make certain decisions.
Background
In July 1995 the Irish government published a White Paper entitled ‘A New Mental Health Act’, which stated that:
“The Government are of the view that there is a need to provide in the new legislation powers to intervene to protect mentally disordered persons who are abused, exploited or neglected or are at risk of abuse or exploitation and to make provision for their care.”
‘A New Mental Health Act’, Government of Ireland, July 1995
In 2015 the Assisted Decision-Making (Capacity) Act 2015 became law, but was not commenced. Piecemeal commencement took place over the following years and ultimately, in light of a variety of challenges that arose, an amending Act was passed in late 2022. It was recently announced that the new regime would become fully operational on 26 April 2023.
Decision Support Arrangements
Decision-Making Assistance Agreement
This type of agreement allows for the appointment of a decision-making assistant. The decision-making assistant will help the decision-making assistant appointer to get information and will explain the information. The assistant can help the appointer to understand and weigh up his/her options, and can also help to let other people know what the appointer’s decision is.
Co-Decision-Making Agreement
A Co-Decision-Making Agreement allows the co-decision-maker appointer to specify, in writing, decisions he/she needs help with and to give someone (co-decision-maker) the legal authority to make those decisions jointly with the appointer. These decisions can be about personal welfare, property and/or financial matters.
Decision-Making Representative
A decision-making representative is appointed by the court to make certain decisions on a person’s behalf, taking into account that person’s wishes. If possible, the court will appoint someone known and trusted by the person. However, if there is no-one willing or able to act in that capacity, the court may appoint someone from a panel of trained experts.
Enduring Power of Attorney
An Enduring Power of Attorney allows the donor to appoint someone he/she trusts to act as attorney. The attorney’s role is to act on the donor’s behalf, and to make certain decisions, if the donor should lose capacity in the future.
Advance Healthcare Directive
An Advance Healthcare Directive allows a person (the directive-maker) to write down his/her wishes about healthcare and medical treatment decisions in case he/she is unable to make these decisions at some time in the future. The directive-maker can appoint someone as a designated healthcare representative to ensure that the advance healthcare directive is followed.
Last Updated: 1 March 2023