fbpx

The long-anticipated commencement of the Assisted Decision-Making (Capacity) Act 2015 looks set to be in sight, and the new Act will possibly commence in the Summer of 2022. 

Assisted Decision-Making (Capacity) Act 2015

The Purpose of the Act is to maximise a person’s right to make their own decisions, with legally recognised supports where applicable. This modern statutory framework will support decision-making for adults who generally experience difficulty in making decisions without help.

The Decision Support Service (DSS), which was established under the Act, will be responsible for registering Enduring Powers of Attorney (EPAs) created under the Act of 2015. The Wards of Court Office will continue to register Enduring Powers of Attorney created under the Powers of Attorney Act 1996 as normal. It is expected that the DSS will assist up to 5,500 people in its first six months of operation.

In a similar manner, applications to court made in relation to EPAs made under the 1996 Act will be dealt with by the Wards of Court Office, and applications to court made in relation to EPAs created under the 2015 Act will be dealt with by the Decision Support Service.

Under the 2015 Act, the Circuit Court can hear the application and the Director of the Decision Support Service will have power to investigate complaints made in relation to Attorneys, for reasons including suitability and neglect, among others.

The Decision Support Service is currently in consultation about its Codes of Practice and its website sets out its various functions. The comprehensive set of resources can now be viewed on the Decision Support Service website.


 

Read more About Us and our 80 Years in Business or see what Legal Services we provide.

Follow us on LinkedIn to be kept up to date on the latest developments.

 

Client Testimonial

I am pleased with your firm’s service and everything has been answered in a timely manner. I appreciate having your firm handle my case; they have put my mind at ease. I would absolutely recommend your firm to family and friends.”

Client Testimonial

‘For the last 5 years I have regularly engaged the services of MW Keller. They are wonderful service providers. Their attention to detail, responsiveness and business acumen is exceptional. I know if I engage them to work on a legal issue they will represent my interests fully and take the burden off me. It’s also good to get questions answered in a timely manner. I would highly recommend them.’ 

Client Testimonial

MW Keller’s came highly recommended from a friend, and they didn’t disappoint. From the time we engaged them, to the close of our house sale, their advice was clear and concise. Once we appointed them we received a detailed email outlining all the various things we needed to do in order to be fully compliant with all the various bodies and authorities, including helpful links to websites to guide us through the process. Nothing appeared to phase them. They’d seen it all before and had almost immediate answers, no matter how complicated we thought an issue was. We would have no hesitation in recommending MW Keller & Son.