9. New Legislation in Ireland

The Assisted Decision Making (Capacity) Act 2015 which was enacted in late 2015 will have important ramifications for people with dementia and their families.

The Act provides a statutory framework for individuals to make legally binding agreements to be assisted and supported in making decisions about their welfare, property and affairs.

This is seen as being particularly important for somebody with dementia. In the past it was often assumed that the person with dementia lacked capacity to make informed choices regarding key life decisions. The 2015 Act

  • repeals the outdated Lunacy Regulation Act 1871
  • empowers persons with dementia to make key decisions (rather than assuming they cannot do so)
  • introduces a more flexible and functional definition whereby capacity is assessed only in relation to the matter in question at the time in question
  • assumes everyone can make a decision unless the contrary is shown