The Assisted Decision-Making Handbook

(Paperback)

Publishing Details

Classifications

Physical Properties

Description

This book brings together all of the relevant information in one place providing practitioners, advocates, NGOs, and the public with an indispensable one-stop-resource to the Assisted Decision-Making (Capacity) Act 2015 (as amended) in Ireland. The enactment of the Assisted Decision-Making (Capacity) (Amendment) Act 2023 abolishes the Wards of Court system and creates a new regime to support decision-making by adults who may now, or in the future, lack capacity. Critically, the Circuit Court will now have jurisdiction on the majority of applications arising under the Act. This book brings together all of the relevant information in one place providing practitioners, advocates, NGOs, and the public with an indispensable one-stop-resource to the Assisted Decision-Making (Capacity) Act 2015 (as amended) in Ireland. This Act is the first major reform of the law on capacity in this jurisdiction in almost two hundred years. The Act abolishes the Wards of Court system and creates a new regime to support decision-making by adults who may now, or in the future, lack capacity. The Act creates a tiered system of support-arrangements, creates a new system for Enduring Powers of Attorney, and puts Advanced Healthcare Directives on a statutory footing. The Act confers jurisdiction on the Circuit Court in relation to the majority of applications arising under the Act. It provides for a multitude of new types of applications which may come before the circuit court, for example; appeals against a refusal by the director of the decision support service to register a co-decision making agreement; appeals against a decision by the director to register a co-decision making agreement; applications by the director of the decision support service to remove a decision-making assistant, a co-decision maker, a decision-making representative or an attorney or objections to registration of co-decision making agreements and enduring powers of attorney as well as declarations in relation to advanced healthcare directives and designated healthcare representatives. This is a must-have title for practitioners which will enable a reader to easily ascertain what is required to bring or respond to the various applications under the Act, such as Capacity Applications, Review Applications, and Appeals from decisions of the Director of the Decision Support Service. This title provides practitioners with access to resources to enable them to represent their clients in matters arising under the Act. This title is included in Bloomsbury Professional's Irish Medical Law online service.

Author Bio

Emma Slattery BL is a practising barrister with a broad civil practice and a particular focus on human rights, adjudication and commercial matters. She was called to the Bar of Ireland in 2013 and the Bar of England and Wales in 2018. Emma has a keen interest in mental capacity law, having developed an extensive practice in personal injury. She has represented many clients requiring court protection, particularly those suffering from acquired brain injury. Emma is a member of the Human Rights Committee of the Bar of Ireland and has contributed to work on the independence of the legal profession and the smuggling of persons. Emma has lectured extensively on undergraduate courses at Dublin City University and National University of Ireland Maynooth.