The Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, and Minister of State for Disability, Anne Rabbitte, have announced that 26 April will be set as the day for the abolition of wardship, the operationalisation of the Decision Support Service, and the introduction of a new system of tiered decision-making supports.
The announcement follows the enactment of the Assisted Decision-Making (Capacity) (Amendment) Act 2022, which was signed into law by the President on 17 December last.
The 2022 Act amends the Assisted Decision-Making (Capacity) Act 2015, which provides the legal basis for the abolition of wardship. The Act replaces the wards of court system with a new, progressive, rights based system of assisted decision-making.
A number of Statutory Instruments will be prepared over the weeks leading up to the 26th of April in order to finalise preparations for the full operationalisation of the Decision Support Service.
From Commencement:
- the Decision Support Service will be able to process applications for new decision support arrangements;
- the Circuit Court will be able to process applications for Decision Making Representative Orders;
- there will be statutory provision for the making and recognition of Advance Healthcare Directives;
- wardship will be abolished and the over 2000 wards of court which currently exist in the State will have a review of their circumstances undertaken by the wardship court and will exit wardship on a phased basis over the next three years.
Dr John Hillery, chairman of the board of the Mental Health Commission, said: “We have all been waiting on the commencement of the 2015 Act that will change the lives of thousands of people in this State for the better.”
John Farrelly, chief executive of the Mental Health Commission, said: “This Act provides a legal basis for people who may have difficulty with their decision-making capacity. It also provides important tools for all of us, for advanced health care planning, and by way of enduring powers of attorney. So, the Act puts in place a regulated system of support that will match people with the support that meets their needs.”
Áine Flynn, director of the Decision Support Service, said: “This is a vitally important piece of legislation that many people have been waiting on and they can justifiably celebrate this morning, knowing that we now have a definite date to start the new service. The DSS is ready to open its doors, and we look forward to beginning to help people access the new service and all of the supports set out under the Act.”