The Law Society has welcomed the commencement of the Assisted Decision-Making (Capacity) Act 2015 (2015 Act) today (26 April 2023).

Law Society President Maura Derivan said: “This is an important day for continuing recognition of the rights of citizens and the commencement of the 2015 Act represents a new era for legal capacity in Ireland. 

“The 2015 Act focuses on assisting people to make decisions for themselves and puts in place a legal structure to allow vulnerable people greater control and autonomy over decisions relating to their own lives. 

The commencement of the 2015 Act means that Ireland now fully ratifies the Convention on the Rights of Persons with Disabilities, the President added.

Article 12 of the Convention states that all persons with disabilities have the right to recognition everywhere as persons before the law and Article 13 mandates States Parties to ensure effective access to justice for persons with disabilities on an equal basis with others.

“The legislation has taken some time to be brought fully into force. It is very broad in its scope, repealing wardship, amending the law for the creation of enduring power of attorney, dealing with Advance Healthcare Directives, and establishing the Office of the Director of Decision Support Services,” President Derivan said.

Formal legal structure 

“Considerable amendments were made by the Assisted Decision-Making (Capacity) (Amendment) Act 2022, which has also delayed commencement. However, the time for progress is right now, and today is the day this begins. With this legislation, the new system will create a formal legal structure to support a person in their decision-making. This reflects a new approach and an essential modernising of our laws while ensuring respect for vulnerable citizens,” she continued.

“We are encouraged by Minister for Justice Simon Harris and Minister for Children, Equality, Disability, Integration and Youth Roderic O’Gorman for their leadership in this area. We look forward to continuing to work alongside Government, the Decision Support Service, and other stakeholders as the new system and provisions under the act are implemented to ensure access to justice for all,” the President concluded.