The Assisted Decision Making (Capacity) Act 2015 commenced on the 26th April 2023 and replaced the wardship system with a tiered structure for supported decision-making.
The 2015 Act sets out a functional test for capacity and a person’s ability to make decisions is based on the decision that has to be made at the time and as such the person does not lose the ability to make decisions in general.
The 2015 Act supports adults in making decisions about their personal welfare, property, and finances when they may need assistance and provides various support arrangements to assist in making decisions including decision making assistance agreements, co-decision making agreements and decision-making representatives.
A decision-making assistance agreement allows you to choose somebody you trust to assist in making a decision. The appointed person does not make the decision for you and are only there to help make the decision. If you are making a decision-making assistance agreement you must contact the Decision Support Service who will review the agreement and provide a certified copy of it.
Co-decision making agreements allow you to appoint somebody you trust as a co-decision-maker to make certain decisions jointly with you. A co-decision agreement does not come into effect until it is registered with the Decision Support Service and the co-decision maker must send a yearly report to the Decision Support Service setting out the decisions made together and any financial matters related to the agreement.
Finally, a decision-making representation order allows the Circuit Court to appoint a representative to make certain decisions on your behalf. A report from a medical professional is required to apply for a decision-making representation order. The decision-making representation order sets out the decisions the appointed person can make on your behalf.
The 2015 Act aims to empower individuals to make their own decisions with appropriate support where needed.