The Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is an important piece of legislation that represents significant legal reform.
The Decision Support Service (DSS), which is the organisation that will operate the progressive provisions of the 2015 Act, will respond to the complex decision-making needs of people with capacity difficulties. Some of these services will be subject to fees, which are to be prescribed by regulations that are currently being drafted by my Department, in collaboration with the Decision Support Service and other relevant stakeholders.
These fees are being developed having regard to best practice in comparable national and international contexts. A key principle will be that fees should not be a barrier to persons accessing decision support services. A waiver system is also being developed to ensure that those with limited income who are unable to pay the fees will still be able to access these important services.