The Assisted Decision-Making Handbook is a one-stop resource for practice and procedure in relation to the Assisted Decision-Making (Capacity) Act 2015 (as amended) (ADMCA) in Ireland.
The ADMCA abolished the Wards of Court system and created a new system to support the decision-making of adults who may now, or in the future, lack capacity. This must-have title provides clear guidance for practitioners on what is required to bring or respond to the various types of applications which may come before the courts under the Act, including:
- Capacity applications - Discharge from wardship - Review applications - Appeals from decisions of the Director of the Decision Support Service - Declarations in relation to advanced healthcare directives and designated healthcare representatives
Bringing together the legislation, regulations and specifications, this comprehensive handbook helps you to understand the creation and ongoing management of the support arrangements available under the ADMCA. It guides you through the process for making complaints about decision supporters and raising objections regarding decision support arrangements, as well as the fees associated with these arrangements.
This book also brings together all of the relevant practical information about the ADMCA for legal practitioners, advocates, NGOs, healthcare professionals and academics.
This title is included in Bloomsbury Professional's Irish Medical Law online service.
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A must-have resource, this book brings together all of the relevant Irish consolidated legislation, practical guidance and court rules 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).
PART 1: COMMENTARY
Chapter 1: Functional Test of Capacity and Guiding Principles
Chapter 2: Decision-Making Assistance Agreement
Chapter 3: Co-Decision-Making Agreements
Chapter 4: Capacity Application
Chapter 5: Discharge from Wardship
Chapter 6: Enduring Powers of Attorney
Chapter 7: Advance Healthcare Directives
Chapter 8: Temporary Prohibition Orders
Chapter 9: Detention Matters
Chapter 10: Convention on International Protection of Adults
PART 2: CONSOLIDATED LEGISLATION
The Assisted Decision-Making (Capacity) Act 2015 as amended by the Assisted
Decision-Making (Capacity) (Amendment) Act 2022
Part 1: Preliminary and General
Part 2: Principles that Apply before and During Intervention in
Respect of Relevant Persons
Part 3: Assisted Decision-Making
Part 4: Co-Decision-Making
Part 5: Applications to Court in Respect of Relevant Persons and Related
Matters
Part 6: Wards
Part 7: Enduring Powers of Attorney
Part 8: Advance Healthcare Directives
Part 9: Director of the Decision Support Service
Part 10: Detention Matters
Part 11: Convention on International Protection of Adults
Part 12: Miscellaneous
Schedule: Convention on the International Protection of Adults
PART 3: COURT RULES AND FORMS
Rules of the Superior Courts Order 67A
Circuit Court Rules Order 47B
PART 4: PRACTICE DIRECTIONS
Emma Slattery BL is a practising barrister specialising in capacity law and the ADMCA. Called to the Bar of Ireland in 2013 and the Bar of England and Wales in 2018, she regularly lectures and writes on capacity law in Ireland and internationally. Emma acts as a quasi-judicial decision-maker and mediator for a number of state bodies. She is also a member of the Irish Human Rights and Equality Commissions Specialist Human Rights Law panel of barristers and is a member of the Human Rights Committee of the Bar of Ireland.
