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Assisted Decision-Making (Capacity) Act 2015

 The deadline for submissions on the Draft HSE Guide for Health and Social Care Professionals on the Assisted Decision Making (Capacity) Act 2015 has been extended by a further two weeks. The new extended closing date for submission is now 5pm on Monday 24th April 2017.

You can download the draft Guide for Health and Social Care Professionals, and find out more information on the consultation at Assisted Decision Making

The Assisted Decision Making (Capacity) Act was signed into law on the 30th December 2015. This Act applies to everyone and is relevant to all health and social care services. This new legislation has the potential to significantly improve the lives of many of the people we care for and support, as their ability to make decisions for themselves will be enhanced by the law. 

The Act is about supporting decision making and maximising a person’s right to make their own decisions, wherever possible  and includes provisions for legally recognised supports where necessary.  It sees a move away from blanket capacity tests which determine that a person has no capacity to make any decisions to a functional approach which takes account of the fluctuating nature of capacity. For example, a person may temporarily lose capacity following a serious injury. Others may have limited capacity to make complex decisions but may be able to make more routine decisions. This new approach to capacity and decision making provides a number of legally recognised supports to maximise a person’s right to make their own decisions.

Please contact Jacqueline Grogan at adm@hse.ie  if you have any queries or need more information about the consultation.

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