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What is The Assisted Decision-Making (Capacity) Bill 2013?

In July 2013 the draft Assisted Decision-Making (Capacity) Bill was published following an extensive consultation process. The draft Bill is currently at the committee stage of the legislative phase. This means, the draft Bill is being considered in great detail by the Dail members before advancing to the Seanad for further consideration.

As the draft Bill has yet to progress through the relevant legislative phases, its content has not yet been finalised or the details clarified. However, the publication of the draft Bill allows for some indication of the proposed content and key implications of the legislation. The draft Bill proposes to introduce new legislation which would replace the existing law which governs decision-making capacity in Ireland.

This resource provides a descriptive summary of some of the key features of the proposed legislation. This is by no means an exhaustive summary of what proposes to be a very complex piece of legislation. The focus of this resource is on the financial-decision-making aspects of the legislation. If you are interested in a commentary on the debates, which are ongoing, regarding the human and civil rights implications of the draft Bill then please see the links to some relevant organisations/resources below:

Human Rights In Ireland

The Small Places (Blog of Dr Lucy Series, Cardiff Law School, Cardiff University)

University College Dublin (UCD)National Centre for the Protection of Older People (NCPOP)Health Services Executive (HSE)Older People's Empowerment Network (OPEN)
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