The Assisted Decision-Making Handbook

Author: Emma Slattery
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781526525437
Published In: June 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This book brings together all of the relevant information in one place providing practitioners, advocates, NGOs, and the public with an indispensable one-stop-resource to the Assisted Decision-Making (Capacity) Act 2015 (as amended) in Ireland.

The full commencement of the Assisted Decision-Making (Capacity) Act 2015 is expected in mid-2022. The enactment of the Assisted Decision-Making (Capacity) (Amendment) Bill 2021 is also anticipated. The Act abolishes the Wards of Court system and creates a new regime to support decision-making by adults who may now, or in the future, lack capacity. Critically, the Circuit Court will now have jurisdiction on the majority of applications arising under the Act. The Act provides for a multitude of new types of applications which may come before the circuit court, for example; appeals against a refusal by the director of the decision support service to register a co-decision making agreement; appeals against a decision by the director to register a co-decision making agreement; applications by the director of the decision support service to remove a decision-making assistant, a co-decision maker, a decision-making representative or an attorney or objections to registration of co-decision making agreements and enduring powers of attorne as well as declarations in relation to advanced healthcare directives and designated healthcare representatives. Regulations prescribing forms and procedures to be used for the purposes of making applications as well as the Rules of Court will be amended to provide for the making of the various regulations and Codes of Practice for Intervenors will be included in the book so that it a comprehensive resource for practitioners to the Assisted Decision-Making Act 2015 (as amended).

1. Introduction
2. The consolidated legislation (Assisted Decision-Making (Capacity) Act 2015)
3. Regulations
4. Circuit Court Rules 2001
5. Rules of the Superior Courts 1986
6. Codes of Practice
7. Applications to Court
i.
Section 15(2)(a) and Section 15(4) - Application by the Director arising from a complaint or an investigation with regard to a decision-making assistant
ii.
Section 15(3) - Appeal against a decision of the Director that a complaint with respect to a decision-making assistant is not well founded
iii.
Section 22(4) - Appeal against the refusal of the Director to register a co-decision making agreement
iv.
Section 24(3)(c)(ii) - Application by the Director arising from a finding that an objection to the registration of a co-decision-making agreement is well founded
v.
Section 26(5) - Application by the Director arising from a statutory review that a co-decision-making agreement is no longer in compliance with the Act
vi.
Section 27(4(b) - Application by the Director arising from the failure of a co-decision maker to submit an annual report
vii.
Section 30(2)(a) and 30(4) - Application by the Director arising from a complaint or an investigation with regard to a co-decision maker
viii.
Section 30(3) - Appeal against a decision of the Director that a complaint with respect to a co-decision maker is not well founded
ix.
Section 36(3) - Ex parte application for consent to make an application under Part 5
x.
Section 37(1) and 38 - Application for a declaration as to capacity and appointment of a decision-making representative
xi.
Section 37(3) - Application for a declaration as to the lawfulness of an intervention proposed
xii.
Section 46(8)(b) - Application by the Director arising from the failure of a decision-making representative to submit an annual report
xiii.
Section 47(2)(a) and 47(4) - Application by the Director arising from a complaint or an investigation with regard to a decision-making representative
xiv.
Section 47(3) - Appeal against a decision of the Director that a complaint with respect to a decision-making representative is not well founded
xv.
Section 49(1) - Application for a review of a declaration as to capacity made under s.
37(1)
xvi.
Section 55(1) - Application regarding the capacity of a ward
xvii.
Section 67 - Application regarding the capacity of the donor of an enduring power of attorney pre-registration
xviii.
Section 68(4) - Application by an attorney prior to registration as to the validity of the enduring power of attorney
xix.
Section 69(5) - Appeal against the refusal of the Director to register an enduring power of attorney
xx.
Section 71(3)(c)(ii) - Application by the Director arising from a finding that an objection to the registration of an enduring power of attorney is well founded
xxi.
Section 71(5) - Appeal by an objector against a decision by the Director to register an enduring power of attorney
xxii.
Section 73(6) - Application for the revocation of an enduring power of attorney
xxiii.
Section 74(2) - Application for the disclaimer of a registered enduring power of attorney
xxiv.
Section 75(7)(b) - Application by the Director arising from the failure of an attorney to submit an annual report, a schedule or projected statement
xxv.
Section 76(3)(a) and 76(5) - Application by the Director arising from a complaint or an investigation with regard to an attorney
xxvi.
Section 76(4) - Appeal against a decision of the Director that a complaint with respect to an attorney is not well founded
xxvii.
Section 77(1) - Application by the Director for a determination on whether an enduring power of attorney should be registered
xxviii.
Section 77(3) - Application by a donor, attorney, director or interested party with regard to the meaning or effect of the power, for directions or, a disclaimer by the attorney
xxix.
Section 85(6)(b) - Application to the High Court to determine whether a refusal of treatment set out in an advanced healthcare directive should apply where the refusal of treatment would have a deleterious effect on the unborn
xxx.
Section 88(4)(c)(ii) - Application by the director arising from a complaint in relation to a designated healthcare representative
xxxi.
Section 89(1) - Application by an interested party for a declaration with respect to the validity, applicability or compliance with an advance healthcare directive
xxxii.
Section 89(2) - Application by an interested party for a declaration with respect to the validity, applicability or compliance with an advance healthcare directive being an application that involves considerations relating to life-sustaining treatment
xxxiii.
Section 92(2) - Ex parte application for consent to make an application under Part 8