Here we have an introduction to the new law and information on supporting everyday decision-making while we wait for the new law to come into effect. Follow the links to find out more.
Assisted Decision-making - Summary Leaflet
The Assisted Decision-Making (Capacity) Act was signed into law in 2015. It is not yet commenced, it has not come into effect.
The new law sets out ways to support people who lack capacity to make decisions. Under the new legislation Ward of Court will be replaced by a system of graduated supports for decision making.
Data Protection including Sharing of Information
The General Data Protection Regulation (GDPR) (EU) 2016/679 is a regulation on data protection and privacy for all individuals within the European Union. It came into force across the European Union on 25 May 2018. It forms the basis of our Data Protection laws, the Data Protection Acts 1988-2018.
Department of Social Protection – Appointment of Agents
The Department of Social Protection advises that where a customer is unable to manage their own financial affairs an agent may be appointed to collect the payment and act on behalf of the claimant or beneficiary. The payment will be made electronically to a nominated bank account. It is recommended that a separate account be set up for this purpose.
HIQA - Supporting people’s autonomy: a guidance document
Autonomy is a core human rights principle in HIQA’s standards and service assessments. The guidance on autonomy is to help services demonstrate they show respect for human dignity, provide person centred care and how they ensure an informed consent process that values personal choice and decision-making.
HIQA Guidance for Designated Centres – Residents’ Finances
The HIQA guide says that where possible people who use residential services control their own financial affairs in accordance with their wishes. The person should be encouraged to manage the safekeeping, budgeting, investment, spending, and record keeping to the greatest extent possible.
HSE National Consent Policy
The HSE National Consent Policy 2017 Part 1 – General Principles, provides advice on making decisions if capacity is absent in a health or social care service.
HSE Patients’ Private Property Accounts
HSE and HSE funded services may hold resident’s money for safekeeping under the Health (Repayment Scheme) Act 2006. The legislation was enacted in June 2006 to provide a legal basis for the repayment of long-stay charges which had been imposed on persons with full eligibility since 1976.
SAGE Contracts of Care for Nursing Home Residents – Policy and Practise.
SAGE is a support and advocacy service working within Third Age, a national voluntary organisation for older people.
The Medical Council Guide to Professional Conduct and Ethics for Registered Medical Practitioners
The Medical Council Guide sets out the principles of professional practice and conduct that all doctors registered with the Medical Council are expected to follow and adhere to, for the benefit of the patients they care for, themselves and their colleagues. The guide is written in plain English.
This is when a person whose capacity to make a decision is in question can appoint a person to assist, co-decide or has somebody appointed to represent them for the purpose of making a decision.
Best practise in the absence of a legal framework
The Assisted Decision-Making (Capacity) Act 2015 was signed into law in 2015. The new act sets out ways to assist a person who requires support with decision-making.