Assisted Decision-Making (Capacity) Act 2015 (ADMC Act) enacted in the Republic of Ireland
We are aware that many UK residents and British citizens have family ties or other links to the Republic of Ireland, and may be interested in the new legislation relating to learning disability and capacity enacted in December 2015. The (ADMC Act) provided a long-overdue update and reform of legislation in the Republic.
An article outlining the ADMC Act was published in the latest bulletin from 39 Essex Street (legal chambers specialising in Court of Protection work, and disability issues)
Ireland and UK
As the bulletin’s editor notes, even if you are not interested in the Irish legislation per se, you may find it interesting to compare and contrast it with its UK equivalent(s): “we are very grateful indeed to Patricia Rickard-Clarke for writing the following article for us outlining the key provisions of theAct recently enacted in the Republic of Ireland which- we suggest –has much to teach those considering law reforming other jurisdictions”.
The editor is commenting as we await governmental reaction to the report of the Lords Committee on the Mental Capacity Act 2005
, which concluded that “Vulnerable adults are being failed by the Act designed to protect and empower them. Social workers, healthcare professionals and others involved in the care of vulnerable adults are not aware of the Mental Capacity Act, and are failing to implement it”.