Assisted Decision-Making (Capacity) Act 2015 | Conference Webinar

Capacity, DMAAs & Co-Decision-Making Agreements
Presenter: Patricia T Rickard-Clarke, Chair of Safeguarding Ireland & Director / Trustee of Sage Advocacy

This presentation examines the practical operation of capacity assessments and the supported decision‑making arrangements introduced under the Assisted Decision-Making (Capacity) Act 2015 (as amended). It will focus on best‑practice approaches to functional capacity assessments, the centrality of will and preference, and the correct instruction of capacity assessors. The session will also provide a practical guide to the creation, use, and supervision of Decision-Making Assistance Agreements (DMAAs) and Co‑Decision‑Making Agreements, highlighting what legal practitioners need to know when advising clients.

Key learning points:

1. Functional Capacity Assessments

• Decision‑specific, time‑specific assessments focused on understanding, retaining, weighing information, and communicating a choice.
• Best practice: structured questioning, accessible supports, clear documentation.
• Common pitfalls: confusing diagnosis with incapacity, overlooking fluctuating capacity, inadequate detail.

2. Will and Preference

• Core statutory principle replacing “best interests.”
• Assessments and supports must reflect the person’s values and expressed wishes.
• Managing risk through least‑restrictive, rights‑based approaches.

3. Instructing Capacity Assessors

• Provide clear instructions on the specific decision and the legal test.
• Include relevant background and available supports.
• Avoid vague or overly broad instructions that lead to unusable reports and delays.

4. Decision‑Making Assistance Agreements (DMAAs)

• Support for a person to make their own decisions – no substitute decision‑making.
• Execution and notification requirements.
• Duties of assistants: good‑faith support, confidentiality, record‑keeping.

5. Co‑Decision‑Making Agreements

• Joint decision‑making arrangement where enhanced support is required.
• Formalities: declarations, drafting, registration, DSS oversight.
• Duties: consultation, respect for will and preferences, maintaining records and filing reports.

Wards of Court – Discharge from Wardship: Process, Procedure & the Amendment Act
Presenter: Marie-Claire Butler, General Solicitor for Minors and Wards of Court

This session provides a clear and practical overview of the ongoing transition away from the wardship system under the Assisted Decision-Making (Capacity) Act 2015 (as amended). With the statutory requirement to review and discharge all adult wards – and recent amending legislation signed into law on 31 March 2026 extending the timeframe for completion of this process – this presentation will guide practitioners through the legal framework, the revised timelines, and the practical operation of the discharge process. The session will also examine the decision-support arrangements that may replace wardship and outline the key implications of the recent Amendment Act for legal advisors, families, and professionals supporting relevant persons through this transition.

Key learning points:

• Background to the abolition of wardship and the transition framework under the ADMCA 2015
• Step-by-step process and procedure for discharge applications
• What discharge looks like in practice: court orders, timelines, and outcomes
• Supporting and advising relevant persons throughout the transition
• Overview of decision-support arrangements available post-discharge
• Update on the Assisted Decision-Making (Capacity) (Amendment) Act and its practical implications

This session will equip practitioners with the knowledge and confidence to manage wardship discharge applications and to advise clients effectively during this period of significant legal change.

Advance Planning: EPAs & Advance Healthcare Directives
Presenter: Áine Flynn, Director, Decision Support Service

This presentation will give practitioners a practical overview of advance planning under the Assisted Decision-Making (Capacity) Act 2015. This session will provide information about the statutory framework for making and registering Enduring Powers of Attorney (EPAs) under Part 7 of the Act, the provisions for statutorily recognised Advance Healthcare Directives (AHDs), the role and processes of the Decision Support Service, and key issues for legal practitioners to consider.

Key learning points:

1. Enduring Powers of Attorney (EPAs)

• Creating an EPA: scope of authority; statutory requirements, including supporting statements and notices.
• DSS registration and notification process.
• Attorneys’ functions and reporting duties.
• DSS oversight and investigation of complaints.

2. Advance Healthcare Directives (AHDs)

• Effect of AHDs and consequences for future treatment decisions.
• Validity and applicability of AHDs.
• Role of the Designated Healthcare Representative.
• Role of the courts.

3. Practice Points

• Common practical issues/ timelines and avoiding errors and omissions.
• Decision Support Service- policies and resources for practitioners.
• Codes of practice.

Role of Decision-Making Representatives
Presenter: Emma Slattery BL

• Case law: In the Matter of an Application to Discharge a DMR [2024] IEHC 495.
• Case law: In the Matter of the ADM Act and JD [2025] IECC 1.
• DSS Information Note (Nov 2025): DMRs Seeking Discharge from Appointment.

Decision-Making Representatives (DMRs) play a central role under the Assisted Decision-Making (Capacity) Act 2015, acting as court-appointed representatives where less intrusive supports are not sufficient. This session will provide a focused and practical analysis of the legal framework governing DMRs, with particular emphasis on recent case law and emerging guidance.

Key learning points:

1. Role of DMRs

• When a DMR is appointed and the scope of their powers.
• Core duties: acting in line with will and preferences, consulting relevant persons, reporting to the DSS.
• Oversight, suitability, and conflict‑of‑interest considerations.

2. Case Law

• [2024] IEHC 495: High Court approach to discharging a DMR; relationship breakdown and statutory compliance.
• [2025] IECC 1: Circuit Court guidance on least‑restrictive decision‑making and limits of DMR discretion.

3. DSS Information Note (Nov 2025)

• When discharge may be appropriate and the steps for seeking it.
• Required documentation and DSS expectations.

4. Practical Issues

• Advising DMRs on obligations, disputes, and when orders may need variation or revocation.

Who should attend?

This conference is designed for legal professionals and others whose work requires a practical, current and detailed understanding of the Assisted Decision‑Making (Capacity) Act, including:

• Solicitors advising on capacity matters, wardship discharge applications, and court applications under the Act, including decision-support arrangements and related proceedings.
• Barristers appearing in ADMCA‑related hearings or providing specialist opinion.
• Private client, probate, elder‑law and healthcare‑law practitioners.
• In‑house counsel working in health, disability, social‑care, advocacy or regulatory settings.
• Professionals supporting individuals transitioning from wardship, including safeguarding, governance and compliance leads.
• Healthcare and social‑care professionals involved in capacity assessments or decision‑making processes intersecting with legal duties.