Legislation

The Assisted Decision-Making (Capacity) Act 2015 (“2015 Act”) was signed into law by the President on 30 December 2015 and fully commenced on 26 April 2023.

The 2015 Act was amended by the Assisted Decision-Making (Capacity) (Amendment) Act 2022 which was signed into law by the President on 17 December 2022. The majority of sections of the 2015 Act as amended commenced on 26 April 2023.

The 2015 Act provides for the reform of the law relating to persons who require or may require assistance in exercising their decision-making capacity, whether immediately or in the future, having regard, inter alia, to the protections afforded by the Convention for the Protection of Human Rights and Fundamental Freedoms. The 2015 Act also provides for the ratification by Ireland of the Convention on the International Protection of Adults.

The Act abolished and replaced the Wards of Court system. All current wards must be reviewed by the Wardship Court within three years of April 2023.

Section 56(3) transitional arrangements (2022 Act): a person can still be made a ward of court if wardship proceedings were initiated before commencement. 
Section 56(6) – (7) provides that the intended ward may access the support arrangements under the 2015 Act and the wardship proceedings will then be withdrawn.