Assisted Decision Making

What is Assisted Decision Making?

The Assisted Decision Making (Capacity) Act 2015 was signed into law on the 30th December 2015.

This Act applies to everyone and is relevant to all health and social care services. The Act is about supporting decision making and maximizing a person’s capacity to make decisions.

It establishes a modern statutory framework to support decisionmaking by adults who have difficulty in making decisions without help. 

It has introduced three types of decisionmaking support options to respond to the range of support needs that people may have in relation to decision-making capacity. With each of the three decision-making support options decisions can be made on personal welfare, property and finance or a combination of both.

The support options are as follows:

• Assisted decision-making: a person may appoint a decision-making assistant – typically a family member or carer – through a formal decision-making assistance agreement to support him or her to access information or to understand, make and express decisions. Decision-making responsibility remains with the person. The decision-making assistant will be supervised by the Director of the Decision Support Service.
• Co-decision-making: a person can appoint a trusted family member or friend as a co-decision-maker to make decisions jointly with him or her under a co-decisionmaking agreement. Decision-making responsibility is shared jointly between the person and the co-decision-maker. The co-decision-maker will be supervised by the Director of the Decision Support Service.
• Decision-making representative: for the small minority of people who are not able to make decisions even with help, the Act provides for the Circuit Court to appoint a decision-making representative. A decision-making representative will make decisions on behalf of the person but must abide by the guiding principles and must reflect the person’s will and preferences where possible. The functions of decision-making representatives will be as limited in scope and duration as is reasonably practicable. The decision-making representative will be supervised by the Director of the Decision Support Service.

St Michael's House have developed easy read guides and infographs to support service users with the Assisted Decision Making Act.  

Click here or on the image below to access information about the Act in Easy Read format.

Click here or on the image below to access an infograph outlining Assisted Decision Making

The HSE has developed an Assisted Decision Information video.  Please click here or below to access this video.

Family Carers Ireland have also developed a practical guide for families and caregivers providing information about the act, a detailed glossary and the Act principles.  There is also a section to explain the role of DSS, the types of decision support arrangements and the types of decision that can be included in an arrangement (e.g.) personal welfare and property and affairs.

Click here to access this guide or click on the image below