"e;We are fortunate to have someone as experienced and with the vast reservoir of knowledge in the area as ine Hynes. In this superb book, ine considers all of the important aspects of capacity and assisted decision-making law."e; from the Foreword by Mr. Justice David Barniville, President of the High CourtThis book is an in-depth guide to capacity law in Ireland and the Assisted Decision-Making (Capacity) Act 2015. It is an essential addition to the toolkit of practitioners and judges, intended to provide guidance through the many changes and developments in this area of lawPart 1 describes the existing capacity law framework in Ireland - currently in a transitional phase - including the wardship regime utilised for deprivation of liberty safeguards and case law pertaining to consent and medical treatment.Part 2 sets out a background to the 2015 Act, with a description of conventions that shaped it, and it analyses the legislation in detail, including relevant and very recent case law arising from the 2015 Act.The appendices include precedents and instruction letters designed primarily to assist practitioners who are engaged with applications to the Circuit Court. Also included is the England and Wales Official Solicitor Certificate of Capacity to conduct proceedings.This title contextualises the key features of the 2015 Act, which:- Abolishes the Wards of Court system and repeals the 1871 regulations- Establishes a tiered system of decision support arrangements for persons who require support in making decisions- Provides for the individual's right of autonomy and self-determination to be respected in all areas of decision-making including via an Enduring Power of Attorney and an Advance Healthcare Directive- Establishes a Decision Support Service with clearly defined functions, including the promotion of public awareness relating to persons requiring assistance in exercising their capacity. This title is included in Bloomsbury Professional's Irish Medical Law online service.
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