A core principle of the Act is that all persons should be presumed to have decision-making capacity and should be supported to make their own decisions as far as is possible. The Act emphasises minimal restriction of a person’s rights and freedoms and the importance of respect for the person’s past and present will and preferences.
Key reforms include the abolition of the wards of court system for adults under the Lunacy Regulation (Ireland) Act of 1871 and the discharge of adults from wardship within three years of the commencement of the Act.
A public body called the Decision Support Service has been established to register the new decision support arrangements and supervise the individuals who are providing a range of supports to people who may have difficulties in exercising their decision-making capacity.
The role of the Decision Support Service is to promote public awareness of the Act and to provide information about their services. This includes providing information and guidance to people who may use this service and to their families.
The Act will provide a new tiered framework of formal supports for those who need them, with supervision by the Decision Support Service. The three levels of supports for people who may require support with making decisions are decision-making assistants, co-decision-makers and decision-making representatives. These decision supporters will likely be someone that the person knows and trusts, such as a family member or a close friend.
As anyone could face challenges with decision-making in their future lives, the Act provides new tools for any adult who wishes to plan ahead by way of an advance healthcare directive or an enduring power of attorney.