“The Assisted Decision-Making (Capacity) Act, 2015 & The Decision Support Service”

The 2015 Act establishes a new legal framework for supported decision-making and came into full effect on the 26 April 2023. It has abolished and replaced the Wards of Court System going forward, meaning that people can no longer be made a Ward of Court. All current Wards of Court are currently undergoing review and will be discharged from wardship within three years.

Practitioners should be aware of and understand that the Act affects Enduring Powers of Attorney and of the distinction between the various types of decision support arrangements for people who may face challenges when making certain decisions, namely: Decision Making Assistance, Co-Decision Making Agreements, and a court order (Order) appointing a Court Appointed Decision Making Representative (DMR).

While the DMR has authority to act on foot of a perfected Order before it is registered with the DSS, a Decision Making Agreement will not be valid unless registered with the DSS, so that only a copy of the Agreement as registered may be relied upon.

The DSS supervise decision supporters and register such decision support arrangements and advance planning arrangements (Enduring Powers of Attorney & Advance Healthcare Directives).

Topics Covered Include:

• Key changes to the EPA statutory process
• Opening MyDSS accounts: MyGovID and alternative
• Steps in EPA registration
• DSS statistics and updates
• DSS resources
  

Speakers

Áine Flynn is the Director of the Decision Support Service, who is accompanied by her colleague, Aoife McMahon.

Category of CPD:	Category A (General)
Duration:	1.1 Hours