Capacity Law

Legal aid will be provided for issues relating to capacity under the new regime coming into force this summer, the government has said. The Assisted Decision-Making (Capacity) (Amendment) Bill 2022, which was published last week, will make a number of changes to the Assisted Decision-Making (Capacit

Ciara Dowd BL examines the government's proposed changes to Ireland's landmark new capacity legislation. The deadline for the commencement of the Assisted Decision-Making (Capacity) Act 2015 has been set for this summer. However, it is due some significant amendments.

Ciara Dowd BL reports on a recent judgment exploring wardship, involuntary treatment and best interests, wherein Ms Justice Niamh Hyland ultimately decided to make orders withdrawing coercive treatment in circumstances where such withdrawal is likely to mean Ms A will die. The High Court has made or

The Law Society of Ireland has warned that government plans for the implementation of landmark new capacity laws could leave a six-month gap in which people who lack capacity will have no access to justice. The Assisted Decision-Making (Capacity) Act 2015, which will abolish Ireland's existing wards

Jude Murray BL thoroughly delves into Ireland's landmark new capacity legislation ahead of its commencement and summarises the key sections. The Assisted Decision-Making (Capacity) Act 2015 is due to fully commence in 2022. It is a very significant new piece of capacity legislation that addresses a

The High Court has acceded to an application appointing the aunt of a ward of court as his joint committee in addition to the General Solicitor. The General Solicitor opposed the appointment, arguing that the aunt’s disagreement with the treating doctors could undermine the ward’s treatm

An Oireachtas committee has launched a call for submissions on proposed legislation to abolish the wards of court system for adults. The joint committee on children, equality, disability, integration and youth is seeking views on the Assisted Decision-Making (Capacity) (Amendment) Bill 2021, which w

Ireland's controversial wardship system will be ended by June 2022 under plans set out by ministers today. The government has announced that the Assisted Decision-Making (Capacity) Act 2015 will be amended before being commenced in full by June 2022.

A draft code of practice for legal practitioners on how to engage with and advise people who may lack capacity to make decisions has gone out for consultation. The Decision Support Service (DSS) has launched the consultation as part of its preparations for the commencement of the Assisted Decision-M

There have been no convictions under Northern Ireland's "ground-breaking" mental capacity laws nearly two years after they were brought into effect. The Mental Capacity Act (NI) 2016 fuses together mental capacity and mental health law for those aged 16 and over within a single piece of legislation,

A draft policy on the use of restrictive practices, restraint and seclusion in health and social care settings has gone out to consultation. The 91-page draft document aims to minimise the use of restrictive practices and has been drawn up in conjunction with both service users and health profession

A 200-year-old law preventing wards of court from marrying has been repealed following a legal challenge. The Marriage of Lunatics Act 1811 was repealed on Monday through the commencement of section 7(1) of the Assisted Decision-Making (Capacity) Act 2015.

The Supreme Court has issued a "very significant" ruling in a case focusing on the medical treatment of an 11-year-old boy who suffered life-changing neurological injuries, Ireland's human rights watchdog has said. The Irish Human Rights and Equality Commission exercised its amicus curiae function i

People detained under the Mental Health Act 1983 will benefit from landmark reforms providing them with more control over their care and treatment, the UK government has announced. Ministers have published their plans to reform the 1983 Act following an independent review in 2018. A draft Menta

A man with an intellectual disability has gone to the High Court to challenge laws preventing him from marrying. The man, known only as V, was prevented from marrying his fiancée last year following an application to the High Court to have him made a ward of court.