As the Deputy may be aware, the Programme for Government commits to commencing the Assisted Decision Making (Capacity) Act 2015, and the necessary amending legislation, recognising the importance of the much-needed reform that it represents. The Assisted Decision-Making (Capacity) (Amendment) Act 2022 was signed into law in December 2022.
The Acts bring into effect a new legislative framework to support decision making by adults with capacity difficulties. They provide for a three-tier framework of decision making assistance arrangements, co-decision making agreements, and decision making representation orders.
The 2015 Act also provides for the long overdue repeal of the Lunacy Regulation (Ireland) Act 1871 and the bringing to an end of the system of wardship for adults. All existing wards of court will be discharged over a three-year period and, if appropriate, transitioned to a decision support arrangement under the Act.
Responsibility for the Assisted Decision Making (Capacity) Act 2015 now rests with my colleague, the Minister for Children, Disability, Equality, Integration and Youth Minister O'Gorman, and his Department.
