The Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is an important piece of legislation that represents significant legal reform. It changes the existing law on capacity from the status approach of the wardship system to a flexible functional approach, whereby capacity is assessed on an issue and time-specific basis.
The Act will abolish the wards of court system for adults by repealing the Lunacy Regulation (Ireland) Act 1871. Adults currently in wardship will transition to the new decision-making support arrangements on a phased basis over 3 years from the date of commencement.
The Decision Support Service (DSS), which is the organisation that will operate the provisions of the 2015 Act, will respond to the complex decision-making needs of people with capacity difficulties.
In preparation for becoming fully operational, a budget of €7.3 million was secured for the Decision Support Service in 2022. This represents an increase of €1.5 million compared to 2021 and a doubling of financial resources since the transfer of functions to the Department of Children, Equality, Disability, Integration and Youth in 2020. The budget for the Decision Support Service for 2023 has yet to be agreed, and will be finalised in the context of the normal estimates process for Budget 2023.
The 2015 Act does not provide specifically for the recruitment of community outreach workers by the DSS. However, the DSS does have a statutory role regarding the provision of information and support regarding the Act, which it undertakes within the context of its allocated budget.