New assisted decision making laws marks radical change in Irish law

By Tamara O’Connell

MEMBERS of the public are being encouraged to seek information to help understand new landmark laws which came into effect today (Wednesday, April 26), according to Sage Advocacy Regional Manager North Ana Reynolds.

Sage Advocacy has announced an important information resource to help people understand new laws relating to the capacity to make decisions.

“We have resources available on our website including a video which provides a clear guide,” said Ana.

The Assisted Decision-Making Acts which came into effect from Wednesday, April 26 will replace the much criticised ‘Lunacy Regulation Act’ of 1871 and the associated Wards of Court system.

The new laws have guiding principles of which the most important is a presumption of capacity to make decisions. The law also places responsibility on health and social care professionals and legal, financial, and public services to be proactive in assisting people’s decision making as much as possible.

“The organisation has been highly anticipating this legislation. It is highly anticipated by all healthcare professionals,” said Ana.

“We have been waiting 150 years for this change. The previous legislation was extremely outdated.”

The new laws will be relevant to all families at certain times, and a very wide range of professionals and service providers in their routine work.

They are of particular importance for people who live with frailty, dementia, an intellectual disability, an acquired brain injury, or who communicate differently, and close family and friends, as they set out a new tiered approach of differing levels of assistance with decisionmaking.The ADM Acts mark a radical change in Irish legislation and Sage Advocacy, which has been campaigning for the legislation since it was established in 2014, has developed a public and professional awareness video called ‘Minding your Marbles’ to explain it.

The video provides a clear guide to the different levels of support for decision-making and guidance in supporting a person who might have diminished capacity to make decisions using an approach called ALERT. Minding Your Marbles is now available at www. sageadvocacy.ie

Sage Advocacy CEO Mervyn Taylor said that in thinking about how best to explain the new legislation Sage Advo-