The Assisted Decision-Making (Capacity) Act 2015 marks a pivotal shift in Irish legislation, prioritising autonomy and human rights for individuals with diminished capacity. Though enacted in 2015, this progressive piece of legislation only became operational in April 2023, and the recent ruling in the Matter of AB has provided important clarity around its rights-based approach and guiding principles.
This judgment is critical for those involved in caring for vulnerable individuals, estate planning, and making wills, as it shines a light on how the 2015 Act is applied within real-life legal contexts.
A Shift in Perspective
The 2015 Act fundamentally changes how Ireland addresses capacity. Moving away from the outdated substituted decision-making model, it introduces a rights-based framework that seeks to support individuals in making their own decisions whenever possible. This aligns with Ireland’s commitments under the UN Convention on the Rights of Persons with Disabilities, particularly Article 12, which upholds equal recognition before the law.
The new framework adopts a functional test for capacity, meaning capacity is assessed on a decision-by-decision basis, recognising that an individual’s ability to decide may fluctuate depending on the situation and timing.
Key Insights from the AB Ruling
The recent AB judgment examined an application to transfer a family home into the joint names of an individual (AB) lacking capacity and his spouse. While this is not an uncommon request, particularly to simplify estate planning, the court denied the transfer, underscoring the key principles of the 2015 Act.
Key points from the judgment include:
- Protection of the Relevant Person’s (RP’s) Assets: The court emphasised that its role is to safeguard the RP’s property, not to “gift” it to others without exceptional circumstances or clear evidence of the RP’s will and preferences.
- Guiding Principles of Section 8: Any application under the 2015 Act must align with the RP’s best interests and will and preferences, as specified in Section 8. The court found no urgent necessity or compelling evidence to justify the property transfer in AB’s case.
- Clarity on the Role of Decision-Making Representatives (DMRs): The judgment affirmed the DMR’s responsibility to act solely as an agent of the RP, within the specific bounds of their authority. The powers conferred upon a DMR must be both time-limited and purpose-specific.
Implications for Estate and Care Planning
This ruling serves as a valuable precedent for legal professionals, carers, and families navigating the complexities of capacity law under the 2015 Act. Key implications include:
- Independent Legal Advice: There’s a heightened emphasis on ensuring individuals lacking capacity receive independent legal advice. This safeguards their rights and ensures decisions made align with their genuine will and preferences.
- Evidence and Transparency: Any application involving the transfer of assets must be grounded in clear, documented evidence of the RP’s intentions. Convenience or assumed preferences are not sufficient grounds for approval.
- Ethical Duties for Legal Practitioners: Solicitors and legal professionals must now pivot their focus to operating within the 2015 Act’s framework. They are obligated to prioritise the RP’s rights and autonomy, even in instances where direct instructions cannot be obtained.
What Does This Mean for You?
If you’re planning your estate, creating an Enduring Power of Attorney (EPA), or caring for a vulnerable loved one, understanding the 2015 Act and its implications is crucial. The AB judgment underscores the importance of ensuring that all decisions around property, wills, and care prioritise the individual’s best interests and are supported by legal documentation.
For instance, if you’re considering setting up an EPA, it’s vital to understand the changes introduced under the 2015 Act. These include added safeguards, dual registration processes, and new reporting obligations for attorneys. For those evaluating options, our Guide to Enduring Powers of Attorney offers simple, professional advice to help you secure your plans for the future.
Additionally, the Decision Support Service (DSS) introduced under this Act provides vital support structures. Whether you’re appointing a Decision-Making Assistant or navigating co-decision-making mechanisms, ensuring legal compliance while honouring the individual’s will and preferences is critical.
Moving Forward with Empathy and Expertise
The AB ruling is a critical development in further embedding rights-based principles into Irish capacity law. It reinforces the responsibilities of all parties involved—families, carers, and legal professionals alike—to respect the autonomy of vulnerable individuals while ensuring their assets and rights are protected.
At HOMS Assist, we’re here to help you understand and navigate this evolving landscape. Whether you’re planning ahead for your estate or acting in care-related matters under the 2015 Act, our team offers personalised legal advice tailored to your unique needs.
Are you planning your estate or caring for a vulnerable loved one?
Contact us today for expert guidance and peace of mind. Protect your future—ensure your rights and wishes are upheld, whatever the circumstances.
