Certificate in Assisted Decision-Making Capacity

The purpose of this certificate is to ensure that practitioners are fully conversant with the requirements of the Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act), with particular emphasis on supporting decision-making and a detailed analysis of the various codes and guidelines required under the 2015 Act.

This certificate is timely because the Assisted Decision Making (Capacity) Act 2015, which was enacted in December 2015, is due to commence later this year. It reforms outdated nineteenth century legislation based on the Lunacy Regulations (Ireland) Act 1871 and takes account of the principles contained in the UN Convention on the Rights of Persons with Disabilities which Ireland ratified in 2018.

The legislation replaces the outdated Wards of Court system with a modern human rights supported decision-making framework, updates the Powers of Attorney Act 1996 to include health care decisions and introduces a statutory framework for Advance Healthcare Directives. The legislation puts the presumption of capacity on a statutory basis. It moves away from the existing substituted decision-making regime to provide for supported decision making which must take account of the “will and preferences” of the person whose decision-making capacity may be in question.

The range of supports for those that need assistance, will take the form of a number of different intervention options. The type of intervention will depend on the level of support that the person needs to assist them to make a decision.

Modules

The programme is based on the following module scheme and covers key themes as listed below:

Module 1: Legislative Background and Pre-Planning Options

• Origins & scope the 2015 Act
• The UN Convention on the Rights of People with Disabilities.
• Definition & assessment of capacity (i.e. the functional approach)
• The Guiding Principles
• Proposed legislative updates to the 2015 Act
• Discharge from the Wardship process

Module 2: Decision-Making and Planning in Advance

• The role and functions of the Director of the Decision Support Service
• Enduring Powers of Attorney
• Assisted Healthcare Directives
• Deprivation of Liberty safeguards

Module 3: Jurisdictional and Other Issues

• Jurisdiction of the courts – exclusive jurisdiction of the Circuit Court
• Exceptions to that exclusive jurisdiction and the role of the High Court
• The role of solicitors in implementing the requirements of the 2015 Act
• International Protection – Convention on the International Protection of Adults
• Equal recognition before the Law
• Minors and Capacity
• External Decision Supporters

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