Irish Capacity Law and Assisted Decision-Making

Áine Hynes (Autor)

Buch | Softcover

344 Seiten

2025
Bloomsbury Professional (Verlag)
978-1-78451-849-3 (ISBN)

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This book is an in-depth guide to capacity law in Ireland and the Assisted Decision-Making (Capacity) Act 2015. Part 1 describes the current capacity law framework in Ireland, including the regime utilised for deprivation of liberty safeguards and case law pertaining to consent and medical treatment. Part 2 sets out a background to the 2015 Act, with a description of conventions that shaped it, and it analyses the legislation in detail, comparing relevant case law from other jurisdictions.

This title contextualises the key features of the 2015 Act, which:

- Abolishes the Wards of Court system and repeals the Lunacy regulations
- Establishes a tiered system of decision support arrangements for persons who require support in making decisions
- Provides for the individual’s right of autonomy and self-determination to be respected in all areas of decision-making including via an Enduring Power of Attorney and an Advance Healthcare Directive
- Establishes a Decision Support Service with clearly defined functions, including the promotion of public awareness relating to persons requiring assistance in exercising their capacity

This book covers recent developments in the area, including the ratification of the Convention on the Rights of Persons with Disabilities by Ireland in 2018. This is an essential guide to capacity law in Ireland, the reforming legislation and its practical implications.

This title is included in Bloomsbury Professional's Irish Medical Law online service.

Áine Hynes SC is a partner with St John Solicitors, Dublin. A public and administrative law specialist, she is commonly recognised as Ireland’s leading practitioner in mental health and capacity law. She chairs the Law Society Task Force on Mental Health and Capacity Law. She led on the society’s submissions to government on the Assisted Decision-Making Capacity (Amendment) Act, including submissions on vital transitional arrangements from wardship to the 2015 Act. Áine was appointed by Minister Lynch to the Expert Steering Group on the Review of the Mental Health Act and by Minister McEntee to the Civil Legal Aid Review Group.

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.

Erscheinungsdatum	02.01.2020
Verlagsort	London
Sprache	englisch
Maße	156 x 234 mm
Themenwelt	Recht / Steuern ► Arbeits- / Sozialrecht ► Sozialrecht
Themenwelt	Recht / Steuern ► EU / Internationales Recht
ISBN-10	1-78451-849-2 / 1784518492
ISBN-13	978-1-78451-849-3 / 9781784518493
Zustand	Neuware