New Legislation in Ireland Revolutionizes Decision-Making Process
The Assisted Decision-Making Act in Ireland has recently undergone key amendments, paving the way for a more progressive and rights-based system of supported decision-making. The act, which fully commenced on April 26, 2023, replaces the traditional wards of court system with a new legal framework that aligns with the United Nations Convention on the Rights of Persons with Disabilities.
Under this legislation, a new Decision Support Service has been established to oversee and support decision support arrangements. This service has published 13 codes of practice to provide guidance for decision supporters, interveners, and relevant professionals. These codes aim to ensure the smooth functioning of the new system and assist those who interact with individuals in making decisions.
One of the key principles of the Assisted Decision-Making Act is that a relevant person is assumed to have the capacity to make their own decisions. This marks a notable shift away from the previous paternalistic approach that relied on diagnoses of capacity. Instead, the focus is now on considering a person’s ability to make specific decisions within a given timeframe.
Another significant change is the move from the best interests test to a test that respects the will and preference of the individual. It is now the responsibility of those interacting with a relevant person to provide practical assistance and support when their decision-making capacity is in question.
Additionally, the legislation emphasizes the importance of offering all available support before assessing a person’s capacity to make a decision. This includes providing guidance and assistance to make the decision-making process easier and more accessible. This marks the first time that legislation in Ireland has formalized a statutory test for capacity.
Section 8 of the Act outlines nine guiding principles that professionals should consider when interacting with relevant persons. These principles take into account the timing and complexity of the decision, as well as environmental factors. Healthcare professionals, as well as financial service providers, must be mindful of these principles when engaging with individuals.
The Assisted Decision-Making Act in Ireland marks a significant development in decision-making processes, particularly for individuals with disabilities. By shifting towards a rights-based approach and prioritizing the will and preferences of the individual, this new legislation aims to empower and enable people to make decisions that affect their own lives. The Decision Support Service and its codes of practice provide the necessary support and guidance to ensure a smooth transition to this new system.
