Conference Chairperson & Opening Remarks

Mary Kirwan, Barrister & Lecturer at RCSI

‍

Capacity and the Assisted-Decision Making Capacity Act

• Functional capacity under the act
• Maximising capacity
• Understanding will and preference
• Advance directives
• Power of attorney

Mary Kirwan, Barrister & Lecturer at RCSI

‍

Conferral on the Circuit Court of jurisdiction to appoint decision-making representatives (DMR) for vulnerable adults

• Part 5 of the Assisted Decision-Making (Capacity) Act 2015
• Locus standi to make an application to have a DMR appointed
• Circumstances in which leave is required to issue an application to appoint a DMR
• Necessary particulars of an application to have a DMR appointed
• Powers of the Circuit Court
• Matters which the Circuit Court must have regard to.

Emma Slattery, BL, The Law Library

‍

Reservation to the High Court of decisions concerning the withdrawal of life-sustaining treatment

• The right to refuse medical treatment
• Advance Healthcare Directives and Designated Healthcare Representatives
• Matters reserved to the High Court under the 2015 Act

Nikki Saarsteiner, BL, The Law Library

‍

The right of a ward to apply for discharge from wardship

• Changes to Wardship

Aisling Mulligan, BL, The Law Library

‍

Types of Court applications under the Assisted Decision Making (Capacity) Act 2015

• Summary of main areas of reform under the 2015 Act: -
• -   Abolition of wardship system for some wards
• -   guiding principles,
• -   new test on capacity,
• -   types of decision support arrangements.
• Circuit Court applications.
• High Court applications - discharge of certain wards from wardship.

Marian Fogarty, Associate, Cantillon Solicitors

‍

Provision for non-court decision support arrangements

• Assisted Decision-Making
• Co-Decision-Making
• o When do these arrangements come into effect
• o Registration and reporting requirements
• o Complaints procedures
• Role of the Director of the Decision Support Service with regard to above.

Patricia Rickard-Clarke, Solicitor & Chair of the Safeguarding Ireland

‍

Role of the Independent Advocate in the context of the Assisted Decision-Making (Capacity) Act.

Mary Condell, Legal Advisor, Sage Advocacy

‍

Decision Support Service in the Mental Health Commission

• Functions of the DSS
• Registers of decision support arrangements
• Complaints procedures

Ciara Dowd BL, The Law Library

‍