Assisted Decision Making (Capacity) Act 2015 – the Statutory Duty to use a Rights Based Approach to Support Decision Making

Assisted Decision Making (Capacity) Act 2015 – the Statutory Duty to use a Rights Based Approach to Support Decision Making

 

 

Venue: Room BHSC G01, Brookfield Health Science Complex, University College Cork, Cork
Date: Tuesday 26th April 2016
Time: 5.00pm – 7.00pm

 

THIS CONFERENCE IS NOW FULLY BOOKED.

 

On 17th December, after four years of preparation and consultation, the Oireachtas finally passed the Assisted Decision Making (Capacity) Bill. In doing so they repealed the much criticised Lunacy Regulations Act dating from 1871, abolished the system of wards of court and replaced it with a Decision Support Service. The Assisted Decision Making (Capacity) Act 2015 will strengthen the rights of all individuals but it will have particular relevance for people with intellectual disabilities, older people with diminished capacity or dementia and people whose capacity has been affected by traumatic injury. It will also ensure that people with capacity can register in advance their wish not to receive treatment which they perceive as futile in the event that they lose capacity to make decisions.

This legislation will have implications for businesses, frontline service providers, trade unions, staff organisations, voluntary and community organisations as it will involve more people having to engage with the challenge of determining the capacity of others to make decisions. Central to the legislation is the establishment of a Decision Support Service and the introduction of new roles: Decision-Making Assistant; Co-Decision-Maker; Decision-Making Representative. The legislation now awaits a ‘commencement order’ when a new government is formed and the necessary arrangements and resources are in place. The system of Wards of Court will be phased out over a three year period.

Chair and speakers include:

Chair: Prof. Deirdre Madden

Professor Deirdre Madden has research interests and publications primarily in the area of healthcare law. Her books include Medicine, Ethics and the Law (Bloomsbury 3rd ed. forthcoming 2016) and Medical Law (Kluwer 2010). Professor Madden was author of the Report on Post-Mortem Practice and Procedure (2005) and Chairperson of the Commission on Patient Safety and Quality Assurance which published its Report in July 2008. Professor Madden was a member of the Medical Council from 2004 – 2013 and is a current member of the Health and Social Care Professionals Council. She is also a current member of a number of national expert groups related to medical law, ethics and patient safety, including the National Patient Safety Advisory Group, the Board of the National Office of Clinical Audit and the National Advisory Committee on Bioethics. Professor Madden also chaired the National Consent Advisory Group for the HSE and is currently chairing the National Assisted Decision Making Policy Group. She is an Ethics evaluator for the European Commission, a Fellow of the Hastings Center in the United States, and a regular media commentator on healthcare law.

Key Speaker: Mary Condell - Legal and Financial Coordinator, Sage

Mary is a practicing solicitor and mediator with a particular interest in legal and other issues concerning older and vulnerable adults. She is a member and former chair of the Irish branch of the Society of Trust and Estate Practitioners and co-founder and chair of Solicitors for the Elderly in Ireland. She is a member of the Law Society’s Task Force on Mental Capacity which was established to review and make submissions on new capacity legislation and of the National Financial Abuse of Older People Working Group. She teaches at MA level in NUI Maynooth on capacity issues, elder mediation and the role of advocates and support persons in mediation and is also a regular lecturer for the Law Society and other professional bodies on capacity, legal issues and mediation skills.

Discussion Panel: to be confirmed

Topics covered will include:
• The origins of the act viewed through human rights legislation.
• Ireland’s legal obligations
• Capacity Models
• Present models of substituted decision making
• Assisted Decision Making (Capacity) Act
o Who is it for
o Definition of Capacity
o How is capacity assessed, tips on “how to do it”
o The “Decision Support Sequence”
o Planning ahead, Enduring Powers of Attorney and Advanced Healthcare Directives
• Practicalities of Empowerment

Legal Continuing Professional Development: 2 hours Group Study (General)
Enquiries: Noreen Delea, Events Manager, School of Law, UCC
Email: Phone: 021 490 3220

Further information
Enquires: Emer Meighan, Project Manager: Capacity Legislation, National Briefing Programme, Sage – Support & Advocacy Service for Older People
Email: Phone: 01 536 7343

For parking, please access the following link: . http://143.239.128.67/en/visitors/

There is no charge to attend this event but advance registration is necessary.