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Coming Soon Legal Capacity: A Guide to Assisted Decision-Making

Legal Capacity: A Guide to Assisted Decision-Making

  • Author:
  • Publisher: Bloomsbury Professional (formerly Tottel Publishing)
  • ISBN: 9781784518493
  • Published In: May 2023
  • Format: Paperback
  • Jurisdiction: Ireland ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,579.50

HKD 1,532.12 Save HKD 47.38 (3%)

Delivery Time: around 4-5 weeks ?Extra 2-10 working days for address outside Hong Kong
Not yet published?

The publication date listed on our site is the latest information we have from the publisher, and that this date may change.

Most pre-orders will be dispatched on, or before publication date and we will make every effort to make sure they arrive with you as close to publication date as we can.

OR
  • Description 
  • Contents 
  • Details

    This book covers the new Assisted Decision-Making (Capacity) Act 2015 in detail. It sets out the background to the Act with a description of the EU cases and conventions that shaped it and provides an in-depth guide to the legislation, including comparative analysis and relevant case law from other jurisdictions, to guide practitioners as to how the legislation is likely to be applied in practice.

    Key Features of the 2015 Act:

    • It applies to everyone and to all health and social care settings.
    • It provides for the individual's right of autonomy and self-determination to be respected through an Enduring Power of Attorney and an Advance Healthcare Directive – made when a person has capacity to come into effect when they may lack decision-making capacity.
    • It provides for legally recognised decision-makers to support a person maximise their decision making powers.
    • It places a legal requirement on service providers to comprehensively enable a person make a decision through the provision of a range of supports and information appropriate to their condition.
    • It abolishes the Wards of Court system.
    • It provides for a review of all existing wards to either discharge them fully or to transition those who still need assistance to the new structure.
    • It repeals the Lunacy regulations governing the Ward of Court system.
    • It establishes a Decision Support Service with clearly defined functions which will include the promotion of public awareness relating to the exercise of capacity by persons who may require assistance in exercising their capacity.
    • The Director of the Decision Support Service will have the power to investigate complaints in relation to any action by a decision-maker in relation to their functions as such decision-maker.

    This title serves as a guide to the legislation and its implications.

  • Part One: Background
    Introduction
    Review of Capacity legalisation in Ireland
    Impetus for Change

    Part Two: The Assisted Decision-Making (Capacity) Act 2015
    Person's capacity to be construed functionally
    Guiding principles
    Wards:Review of capacity of wards who are adults
    Declarations following review and discharge from wardship
    Assisted Decision-Making
    Co-Decision-Making
    Decision-Making Representatives
    Applications to Court in respect of Relevant Persons and Related Matters
    Declarations as to capacity, etc., and matters following declarations
    Decisions by court or decision-making representative appointed by Court
    Enduring Powers of Attorney
    Advance Healthcare Directives
    Director of the Decision Support Service
    Special visitors, general visitors, court friends and panel to be established by the Director
    Detention Matters
    Convention on International Protection of Adults
    Appeals and Amendments.

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