New assisted-decision making laws hailed as 'radical change' 

Sage Advocacy CEO Mervyn Taylor said the legislation places 'an onus on all of us' to presume and assist if necessary each person’s capacity to make their own decisions. Picture: Gareth Chaney/Collins

“Long overdue” laws which will presume the capacity of vulnerable people to make decisions have been hailed as a “radical change” in Irish legislation.

The laws, which come into effect on April 26, aim to protect those who may be vulnerable including those who live with frailty, dementia, or an intellectual disability.

The Assisted Decision Making (Capacity) Act will ensure those affected are assisted in making decisions and do not have decisions made for them.

Sage Advocacy, which has been campaigning for the legislation since it was established in 2014, said the new laws will be relevant to all families at certain times, as well as placing responsibility on professionals and service providers to be proactive in assisting people's decision-making as much as possible.

Sage Advocacy CEO Mervyn Taylor said:

People are now obliged to assist people with making a particular decision and not to presume that because a person might need support that they lack capacity to make the decision.

“Sometimes when people talk about ‘best interests’ they are overly influenced by their own interests or the interests of service providers.” 

Along with friends and family, Mr Taylor said the legislation is of “considerable importance” for health and social care professionals, and also for those providing financial and legal services.

There will be codes of practice for all of these and, significantly, there will also be a code of practice for independent advocates. We now have legal change; what we need to work on is the culture change

A Decision Support Service has been established under the legislation and it is responsible for promoting public awareness and oversight of the more formal decision support arrangements, while the Courts will be involved in the appointment of Decision Making Representatives where it decides that a person cannot make decisions.

'Long overdue framework' 

The new legislation will overhaul the Wards of Court system, with those who are currently Wards of Court due to have their cases reviewed over the next three years.

Mr Taylor said the legislation places “an onus on all of us” to presume and assist if necessary each person’s capacity to make their own decisions.

“Much later than most other developed countries, we now have legislation reflecting the democratic instincts of our time.

“It gives a long overdue framework for upholding the decision-making rights of people who may be vulnerable. We must always remember that any diminution in decision-making abilities does not mean a diminution in rights,” he said.