Assisted Decision-Making (Capacity) Act, 2015 (ADMA)
ADMA will change legislation that has been in place since the 19th century. This Act recognises that a person’s ability to make decisions can vary. It is no longer the ‘all or nothing approach’ where a person can either make decisions or cannot make decisions.
Further information on the Assisted Decision Making Act 2015
The Assisted Decision Making (Capacity) Act, 2015(ADMA) is due to go live on the 26th of April 2023.
All information provided below is subject to change pending the finalisation of the Act in full.
New Supports for decision-making
ADMA has three types of types of decision-making supports to help people make decisions about their personal welfare, property and financial issues.
A person can appoint a decision-making assistant that they know and trust to be their decision-making assistant. The role of a decision-making assistant is to help the person make decisions for themselves. They do this by supporting them to get information or to understand, make or express their decisions. In this case, the responsibility for making decisions remains with the person.
Alternatively, if a person is unable to make a decision on their own they will be able to choose someone they know and trust to be their co-decision maker. This is written down in a co-decision making agreement. The role of a co-decision maker is to make certain decisions together with the person. The responsibility for making decisions is shared jointly between the person and the co-decision-maker.
If a person is unable to make certain decisions, the court will appoint a decision-making representative to them. This will be written down in a decision-making representation order. The role of a decision-making representative is to make certain decisions on behalf of the person. The court will list all of the decisions that the decision-making representative can make.
Support for people who want to plan ahead
There are two types of arrangements for people who want to plan ahead for a time in the future when they think they might lose the capacity to make decisions.
Advance healthcare directive
Where someone wants to outline their wishes about medical and healthcare treatment in the case they are not able to make these decisions in the future.
Enduring Power of Attorney
Alternatively, he or she can make an Enduring Power of Attorney (EPOA) to appoint someone they trust as their attorney. This person will act on their behalf to make certain decisions, if they are unable to make them in the future.
Director of Decision Support Services (DSS) contact details below:
DSS Contact Centre: 01 211 9750
Decision Support Services