Assisted Decision-Making (Capacity) Act 2015
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Number 64 of 2015 | ||
ASSISTED DECISION-MAKING (CAPACITY) ACT 2015 | ||
CONTENTS | ||
Preliminary and General | ||
Section | ||
Principles that Apply before and during Intervention in respect of Relevant Persons | ||
Assisted Decision-Making | ||
11. Persons who are not eligible to be decision-making assistants | ||
Co-Decision-Making | ||
21. Application for registration of co-decision-making agreement | ||
29. Revocation of co-decision-making agreement and removal from Register | ||
Applications to Court in respect of Relevant Persons and Related Matters | ||
Application of this Part | ||
Applications under this Part | ||
36. Persons who may make applications to court under this Part, etc. | ||
Declarations as to capacity, etc., and matters following declarations | ||
37. Power of court to make declarations as to capacity, etc. | ||
Decisions by court or decision-making representative appointed by court | ||
38. Power of court to make orders and appoint decision-making representative, etc. | ||
39. Persons who are not eligible to be decision-making representatives | ||
41. Performance of functions of decision-making representative | ||
47. Complaints in relation to decision-making representatives | ||
Interim orders, reviews and expert reports | ||
Notification of Director of the Decision Support Service of declarations, etc., under this Part | ||
51. Notification of Director of the Decision Support Service | ||
Legal aid in respect of applications under this Part | ||
Wards | ||
55. Declarations following review and discharge from wardship | ||
Enduring Powers of Attorney | ||
60. Content of instrument creating an enduring power of attorney | ||
68. Application for registration of instrument creating enduring power | ||
69. Registration of an instrument creating an enduring power of attorney | ||
Advance Healthcare Directives | ||
85. Validity and applicability of advance healthcare directive | ||
88. Functions and scope of authority of designated healthcare representatives | ||
92. Persons who may make applications to relevant court under this Part, etc. | ||
Director of the Decision Support Service | ||
Appointment, functions and terms and conditions of Director | ||
Staff of Director of the Decision Support Service | ||
Special visitors, general visitors, court friends and panels | ||
Reports by Director and codes of practice | ||
Detention Matters | ||
105. Panel of independent consultant psychiatrists to be established by Mental Health Commission | ||
107. Review of detention orders in certain circumstances (approved centres) | ||
108. Review of detention orders in certain circumstances (non-approved centres) | ||
Convention on International Protection of Adults | ||
Preliminary | ||
Jurisdiction of competent authority | ||
Applicable law | ||
120. Disapplication or modification of enduring power of attorney, etc. | ||
Recognition and enforcement | ||
125. Application to High Court or court for declaration on measure | ||
Co-operation | ||
132. Proposal received by central authority under Article 33 of the Convention | ||
Miscellaneous | ||
136. Patients whose treatment is regulated by Part 4 of Act of 2001 | ||
142. Amendment of section 26A of Courts (Supplemental Provisions) Act 1961 | ||
Convention on the International Protection of Adults | ||
Acts Referred to | ||
Civil Legal Aid Act 1995 (No. 32) | ||
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24) | ||
Civil Registration Act 2004 (No. 3) | ||
Companies Act 2014 (No. 38) | ||
Courts and Court Officers Act 2009 (No. 36) | ||
Criminal Law (Insanity) Act 2006 (No. 11) | ||
Criminal Law (Insanity) Act 2010 (No. 40) | ||
Criminal Law (Suicide) Act 1993 (No. 11) | ||
Domestic Violence Act 1996 (No. 1) | ||
Health Act 2007 (No. 23) | ||
Local Government Act 2001 (No. 37) | ||
Lunacy Regulation (Ireland) Act 1871 (34 & 35 Vict., c. 22) | ||
Marriage of Lunatics Act 1811 (51 Geo. 3) c.37 | ||
Medical Practitioners Act 2007 (No. 25) | ||
Mental Health Act 2001 (No. 25) | ||
Personal Insolvency Act 2012 (No. 44) | ||
Powers of Attorney Act 1996 (No. 12) | ||
Public Service Management (Recruitment and Appointments) Act 2004 (No. 33) | ||
Sale of Goods Act 1893 (56 & 57 Vict., c. 71) | ||
Succession Act 1965 (No. 27) | ||
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Number 64 of 2015 | ||
ASSISTED DECISION-MAKING (CAPACITY) ACT 2015 | ||
An Act to provide for the reform of the law relating to persons who require or may require assistance in exercising their decision-making capacity, whether immediately or IN THE FUTURE, HAVING REGARD, INTER ALIA, TO THE PROTECTIONS AFFORDED BY THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS DONE AT ROME ON THE 4TH DAY OF NOVEMBER 1950 AS IT APPLIES IN THE STATE; to provide for the appointment by such persons of other persons to assist them in decision-making or to make decisions jointly with such persons; to provide for the making of applications to the Circuit Court or High Court in respect of such persons, including seeking the appointment by the Circuit Court of decision-making representatives for such persons; TO PROVIDE FOR THE MAKING OF ADVANCE HEALTHCARE DIRECTIVES BY PERSONS OF THEIR WILL AND PREFERENCES CONCERNING MEDICAL TREATMENT DECISIONS SHOULD SUCH A PERSON SUBSEQUENTLY LACK CAPACITY; TO PROVIDE FOR THE APPOINTMENT IN ADVANCE HEALTHCARE DIRECTIVES OF DESIGNATED HEALTHCARE REPRESENTATIVES WITH THE POWER TO, inter alia, ENSURE THAT THE ADVANCE HEALTHCARE DIRECTIVES CONCERNED ARE COMPLIED WITH; to provide for the appointment and functions of the Director of the Decision Support Service in respect of persons who require or may shortly require assistance in exercising their decision-making capacity; to provide for the amendment of the law relating to enduring powers of attorney; to provide for the ratification by the State of the Convention on the International Protection of Adults; and to provide for related matters. | ||
[30 th December, 2015] | ||
Be it enacted by the Oireachtas as follows: |