The Assisted Decision-Making (Capacity) Act 2015 (as amended in 2022) represents a monumental shift in Irish law, prioritising the autonomy of individuals whose decision-making capacity may be in question. For caregivers, understanding this legislation is crucial in providing the right support while respecting the legal and personal rights of those they care for.
This blog will help caregivers understand the Act, its guiding principles, and the practical implications for supporting vulnerable individuals. By the end, you’ll know how the law has changed, what it means for you as a caregiver, and when to seek professional legal advice.
What is the Assisted Decision-Making (Capacity) Act?
The Assisted Decision-Making (Capacity) Act (ADMCA) repeals outdated laws and introduces a modern, rights-based framework for supporting people in making decisions about personal welfare, property, and finances. It reflects Ireland’s commitment to the UN Convention on the Rights of Persons with Disabilities (UNCRPD), reinforcing the principles of equality and dignity for people with disabilities.
Under the Act:
- It is presumed that everyone has the capacity to make decisions unless proven otherwise.
- Capacity is assessed on a functional and time-specific basis, meaning someone may have the ability to make some decisions, but not others, and this can change over time.
- The focus shifts from substitute decision-making (where decisions are made on the person’s behalf) to assisted decision-making (where individuals are supported to make their own choices).
The goal is to empower individuals rather than override their autonomy.
Why This Matters for Caregivers
Caregivers often play a vital role in supporting individuals who may face challenges with decision-making. The ADMCA directly impacts how caregivers can assist, whether you are a family member, a professional carer, or a trusted friend.
This legislation ensures:
- People retain as much decision-making power as possible.
- Caregivers offer support that respects the individual’s rights, will, and preferences.
- Legal safeguards are in place to prevent undue influence or abuse.
Understanding the Act allows caregivers to provide better care while complying with the law.
The Key Features of the Act
Presumption of Capacity
The Act starts with the principle that everyone has capacity. Caregivers must not assume someone lacks capacity merely because they have a disability, an illness, or are elderly. For example:
- Someone with dementia may lack the capacity to manage complex financial arrangements but could still make decisions about their daily routine.
A Functional and Specific Approach
Capacity is decision-specific and assessed at the time the decision is being made. This means:
- An individual may be unable to make a financial decision today but could do so at a later date.
- Capacity for one type of decision (e.g., managing finances) does not imply capacity for other decisions (e.g., health care).
Decision Support Arrangements
The Act introduces structured supports for individuals who need assistance with decision-making. These include:
- Decision-Making Assistant: The individual still makes decisions but receives help gathering and understanding information.
- Co-Decision Maker: Decisions are made jointly between the individual and a trusted person.
- Decision-Making Representative: Appointed by the courts when an individual lacks capacity for some or all decisions.
Each arrangement has specific processes, safeguards, and limitations, ensuring the individual’s rights remain protected.
Guiding Principles
The Act outlines nine guiding principles for caregivers and professionals, emphasising:
- Support over control.
- Minimum restriction of the person’s rights and freedoms.
- Respect for dignity, privacy, and autonomy.
One key principle states that caregivers must take all reasonable steps to help an individual make their own decision before concluding they lack capacity.
Practical Implications for Caregivers
Understanding the ADMCA means integrating its principles into daily caregiving practices. Here’s how it might apply to common scenarios:
Scenario 1: Supporting a Parent with Financial Decisions
If your elderly mother needs assistance managing her finances but can still understand the basics, she might benefit from a Decision-Making Assistant. You could help her go through bills, explain the implications of certain payments, and ensure her choices are implemented.
Scenario 2: Deciding on Healthcare Treatment
If decisions about healthcare need to be made, such as consenting to surgery, the guiding principles ensure the individual’s will and preferences are the starting point. If they’re unable to make an informed decision, a Co-Decision-Maker or Decision-Making Representative may be necessary.
Scenario 3: Property Transactions
If your loved one is buying or selling property and their capacity comes into question, the Act ensures clarity about who signs contracts and manages funds. If they cannot make decisions independently, the appropriate decision support arrangement must be in place.
Steps to Take as a Caregiver
Adapting to the ADMCA may seem daunting. Here are steps you can take right now:
- Educate Yourself
Familiarise yourself with the Act’s provisions, and consider how they relate to your caregiving role.
- Understand Capacity
Recognise that capacity is specific and functional. Learn how to identify when someone may need support.
- Document Preferences
Encourage your loved one to document their preferences for personal and financial matters while they have capacity.
- Seek Professional Guidance
Engage with legal experts to ensure compliance, especially when making complex decisions about property or financial affairs.
When Should You Get Legal Advice?
Caregiving under the ADMCA can involve navigating complex decisions, particularly when legal formalities like Decision-Making Assistance Agreements or Enduring Power of Attorney (EPA) come into play. It’s essential to seek legal advice if:
- A decision about property or finances needs official documentation.
- Court involvement is necessary, such as appointing a Decision-Making Representative.
- You’re unsure about your responsibilities within a decision support arrangement.
At times like these, professional guidance can provide clarity and peace of mind.
Moving Forward with Confidence
The Assisted Decision-Making (Capacity) Act 2025 is more than just legislation—it’s a framework for fostering autonomy, dignity, and respect. For caregivers, understanding this Act is key to navigating your responsibilities while empowering the people you support.
If you need help understanding how the Act applies to your caregiving situation or require assistance with formal decision-making processes, our legal team is here for you. Contact us today for compassionate and professional advice tailored to your needs.
