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Irish Capacity Law and Assisted Decision-Making

Irish Capacity Law and Assisted Decision-Making cover

Description

"[W]e are fortunate to have someone as experienced and with the vast reservoir of knowledge in the area as Áine Hynes. In this superb book, Áine considers all of the important aspects of capacity and assisted decision-making law."
– from the Foreword by Mr. Justice David Barniville, President of the High Court
This book is an in-depth guide to capacity law in Ireland and the Assisted Decision-Making (Capacity) Act 2015. It is an essential addition to the toolkit of practitioners and judges, intended to provide guidance through the many changes and developments in this area of law

Part 1 describes the existing capacity law framework in Ireland - currently in a transitional phase - including the wardship 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, including relevant and very recent case law arising from the 2015 Act.
The appendices include precedents and instruction letters designed primarily to assist practitioners who are engaged with applications to the Circuit Court. Also included is the England and Wales Official Solicitor Certificate of Capacity to conduct proceedings.

This title contextualises the key features of the 2015 Act, which:
Abolishes the Wards of Court system and repeals the 1871 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 title is included in Bloomsbury Professional's Irish Medical Law online service.

Table of Contents

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.

Product details

Published 26 Feb 2026
Format Paperback
Edition 1st
Extent 576
ISBN 9781784518493
Imprint Bloomsbury Professional
Dimensions 234 x 156 mm
Publisher Bloomsbury Publishing

About the contributors

Author

Áine Hynes

Áine Hynes SC is a partner with St John Solicitors…