Assisted Decision-Making (Capacity) Act 2015

Sommaire

1. Art. 1. Short title and commencement
2. Art. 2 Interpretation — general
3. Art. 3 Person’s capacity to be construed functionally
4. Art. 4 Circuit Court to have exclusive jurisdiction under this Act except for certain matters reserved for High Court, etc.
5. Art. 4A Regulations
6. Art. 5 Laying of regulations
7. Art. 6 Expenses
8. Art. 7 Repeals
9. Art. 8 Guiding principles
10. Art. 9 Definitions — Part 3
11. Art. 10 Decision-making assistance agreement
12. Art. 11 Persons who are not eligible to be decision-making assistants
13. Art. 12 Nullity
14. Art. 13 Disqualification as decision-making assistant
15. Art. 14 Performance of functions of decision-making assistant
16. Art. 15 Complaints in relation to decision-making assistants
17. Art. 15A Offence in relation to decision-making assistance agreement
18. Art. 16 Definitions — Part 4
19. Art. 17 Co-decision-making agreement
20. Art. 18 Persons who are not eligible to be co-decision-makers
21. Art. 19 Performance of functions of co-decision-maker
22. Art. 20 Nullity
23. Art. 21 Application for registration of co-decision-making agreement
24. Art. 22 Registration of co-decision-making agreement
25. Art. 23 Effect and proof of registration
26. Art. 24 Objections to registration
27. Art. 25 Register of co-decision-making agreements
28. Art. 26 Review of co-decision-making agreements
29. Art. 27 Reports by co-decision-maker
30. Art. 28 Variation of co-decision-making agreement
31. Art. 29 Revocation of co-decision-making agreement and removal from Register
32. Art. 30 Complaints in relation to co-decision-makers
33. Art. 31 Regulations – Part 4
34. Art. 31A Matters to be specified by Director in relation to co-decision-making agreements
35. Art. 32 Applications to Court
36. Art. 33 Role of Director where nullity occurs
37. Art. 34 Offences in relation to co-decision-making agreements
38. Art. 35 Application of this Part
39. Art. 36 Persons who may make applications to court under this Part, etc.
40. Art. 37 Power of court to make declarations as to capacity, etc.
41. Art. 38 Power of court to make orders and appoint decision-making representative, etc.
42. Art. 39 Persons who are not eligible to be decision-making representatives
43. Art. 40 Disqualification as decision-making representative
44. Art. 41 Performance of functions of decision-making representative
45. Art. 42 Remuneration and expenses
46. Art. 43 Scope of decision-making order or decision-making representation order relating to property and affairs
47. Art. 44 Restrictions on decision-making representatives
48. Art. 45 Register of decision-making representation orders
49. Art. 46 Reports by decision-making representative
50. Art. 47 Complaints in relation to decision-making representatives
51. Art. 48 Interim orders
52. Art. 49 Review of declaration as respects capacity
53. Art. 50 Expert reports
54. Art. 51 Notification of Director of the Decision Support Service
55. Art. 52 Amendment of Act of 1995
56. Art. 53 Definitions — Part 6
57. Art. 54 Review of capacity of wards who are adults
58. Art. 54A Assistance to ward during proceedings
59. Art. 55 Declarations following review and discharge from wardship
60. Art. 55A Review of declaration by wardship court as respects capacity
61. Art. 56 Saver
62. Art. 57 Director and wards who are adults
63. Art. 57A Amendment of Act of 1995 regarding Part 6
64. Art. 58 Interpretation — Part 7
65. Art. 58A Provisions regarding trust corporations
66. Art. 58B Liability of officers of trust corporation for offences
67. Art. 59 Enduring power of attorney — general
68. Art. 60 Content of instrument creating an enduring power of attorney
69. Art. 61 Notice of execution of an enduring power of attorney
70. Art. 62 Scope of authority — personal welfare decisions
71. Art. 63 Scope of authority — property and affairs
72. Art. 64 Application to joint and joint and several attorneys
73. Art. 65 Persons who are not eligible to be attorneys
74. Art. 66 Disqualification of attorney
75. Art. 67 Function of court prior to acceptance of notification
76. Art. 68 Application for registration of instrument creating enduring power
77. Art. 69 Registration of an instrument creating an enduring power of attorney
78. Art. 70 Effect and proof of registration
79. Art. 71 Objections to registration
80. Art. 71A Notification to Director by attorney
81. Art. 71B Objections to acceptance by Director of notification
82. Art. 71C Acceptance by Director of notification
83. Art. 71D Effect and proof of acceptance by Director of notification
84. Art. 72 Register of enduring powers
85. Art. 73 Revocation and variation of enduring power
86. Art. 73A Provisions regarding where donor regains capacity after acceptance by Director of notification
87. Art. 74 Resignation by attorney
88. Art. 75 Reports by attorney
89. Art. 76 Complaints in relation to attorneys
90. Art. 77 Applications to court
91. Art. 78 Removal of instrument from the Register
92. Art. 79 Regulations - Part 7
93. Art. 79A Matters to be specified by Director in relation to enduring powers of attorney
94. Art. 80 Offences in relation to enduring powers of attorney
95. Art. 81 Transitional provisions
96. Art. 82 Definitions — Part 8
97. Art. 83 Purpose of this Part
98. Art. 84 Making of advance healthcare directives, etc.
99. Art. 85 Validity and applicability of advance healthcare directive
100. Art. 86 Effect of advance healthcare directive
101. Art. 87 Designated healthcare representative
102. Art. 88 Functions and scope of authority of designated healthcare representatives
103. Art. 89 Role of courts
104. Art. 90 Offences in relation to advance healthcare directives
105. Art. 91 Codes of practice
106. Art. 92 Persons who may make applications to relevant court under this Part, etc.
107. Art. 93 Review of this Part
108. Art. 94 Appointment of Director
109. Art. 95 Functions of Director
110. Art. 95A Regulations providing for disclosure of certain data by Director
111. Art. 79B Documents in electronic form
112. Art. 96 Investigations by Director
113. Art. 96A Temporary prohibition order
114. Art. 96B Power of Director to specify form of signature
115. Art. 97 Terms and conditions of Director
116. Art. 98 Staff of Director of the Decision Support Service
117. Art. 99 Special visitors and general visitors
118. Art. 100 Court friends
119. Art. 101 Panels to be established by the Director
120. Art. 102 Reports by Director
121. Art. 103 Codes of practice
122. Art. 104 Definitions — Part 10
123. Art. 105 Panel of independent consultant psychiatrists to be established by Mental Health Commission
124. Art. 106 Detention-related safeguards
125. Art. 107 Review of detention orders in certain circumstances (approved centres)
126. Art. 108 Review of detention orders in certain circumstances (non-approved centres)
127. Art. 109 Interpretation — Part 11
128. Art. 110 Convention given effect
129. Art. 111 Countries, territories and nationals
130. Art. 112 Protective measures
131. Art. 113 Central authority
132. Art. 114 Scope of jurisdiction
133. Art. 115 Provisions supplementary to section 114
134. Art. 116 Exercise of jurisdiction
135. Art. 117 Applicable law
136. Art. 118 Provisions supplementary to section 117
137. Art. 119 Enduring powers of attorney, etc.
138. Art. 120 Disapplication or modification of enduring power of attorney, etc.
139. Art. 121 Protection of third parties
140. Art. 122 Mandatory rules
141. Art. 123 Public policy
142. Art. 124 Recognition
143. Art. 125 Application to High Court or court for declaration on measure
144. Art. 126 Provisions supplementary to sections 124 and 125
145. Art. 127 Enforcement
146. Art. 128 Measures taken in relation to those aged under 18
147. Art. 129 Review of measures taken outside State
148. Art. 130 Rules of court
149. Art. 131 Proposal for cross-border placement
150. Art. 132 Proposal received by central authority under Article 33 of the Convention
151. Art. 133 Requests to be communicated through central authority
152. Art. 134 Adults in danger, etc.
153. Art. 135 Circumstances in which co-operation is prohibited
154. Art. 136 Patients whose treatment is regulated by Part 4 of Act of 2001
155. Art. 137 Payment for necessary goods and services
156. Art. 138 Consent and capacity in specific matters
157. Art. 139 Application under Part 5, 7 or 8 to be heard in presence of relevant person or persons concerned
158. Art. 140 Wills
159. Art. 141 Appeals
160. Art. 142 Amendment of section 26A of Courts (Supplemental Provisions) Act 1961
161. Art. 143 Amendment of Civil Registration Act 2004
162. Art. 144 Amendment of Act of 2001
163. Art. 145 Offence of ill-treatment or wilful neglect
164. Art. 146 Review of this Act