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General<br />

News<br />

conference streamed live<br />

due to massive demand<br />

Over 500 HSE delegates attended a major<br />

HSE conference to create awareness of the<br />

Assisted Decision Making (Capacity) Act<br />

2015 has which just been passed by<br />

the Oireachtas. The conference<br />

was also streamed live to staff<br />

throughout the country such<br />

was the massive interest in<br />

the event.<br />

The Assisted Decision<br />

Making Act 2015 applies to<br />

everyone in the HSE and has<br />

relevance for all health and<br />

social care services.<br />

The conference was organised<br />

by the HSE Quality Improvement Division<br />

and focused on the Act, its implications,<br />

challenges and opportunities for health and<br />

social care professionals. The Conference<br />

was aimed at clinicians, managers and staff<br />

who are involved in planning, managing or<br />

delivering services to patients, service users<br />

or clients across health and social care settings.<br />

This conference brought together key<br />

Irish and UK experts to inform clinicians, staff<br />

and managers about the legislation and to<br />

explore the impact this Act will have on current<br />

practice.<br />

“It was fantastic to see so much interest in<br />

the conference as it starts the HSE process<br />

of preparedness for the commencement of<br />

the Act in December 2016,” said Dr Philip<br />

Crowley, National Director, HSE Quality Improvement<br />

Division.<br />

“We plan to consult as widely as possible<br />

about how the Act affects us in the HSE and<br />

this is the start of the consultation process.<br />

Our aim is to make sure that all training needs<br />

and supports are in place to ease the implementation<br />

of the act, when it is commenced.<br />

This is the first in a series of actions planned<br />

for 2016,” he said.<br />

Speakers at the conference included Patricia<br />

Rickard-Clarke, Solicitor and former Law<br />

Reform Commissioner, Dr Siobhán O’Sullivan,<br />

Chief Bioethics Officer, Department of Health<br />

and The Hon Justice Baker, Judge of the High<br />

Court of Justice (Family Division) England<br />

and Wales.<br />

The Assisted Decision Making (Capacity)<br />

Act 2015 -All Health and Social Care professionals<br />

should familiarise themselves with<br />

it and the following key points have been<br />

drafted as a brief guide.<br />

The Assisted Decision Making (Capacity)<br />

Act 2015:<br />

Applies to everyone and to all health and<br />

social care settings.<br />

Provides for the individual’s right of autonomy<br />

and self-determination to be respected<br />

through an Enduring Power of Attorney<br />

and an Advance Healthcare Directive<br />

– made when a person has<br />

capacity to come into effect<br />

when they may lack decision-making<br />

capacity.<br />

Provides for legally recognised<br />

decision-makers<br />

to support a person maximise<br />

their decision making<br />

powers.<br />

Places a legal requirement<br />

on service providers to comprehensively<br />

enable a person make a decision<br />

through the provision of a range of supports<br />

and information appropriate to their condition.<br />

Abolishes the Wards of Court system.<br />

Provides for a review of all existing wards<br />

to either discharge them fully or to transition<br />

those who still need assistance to the new<br />

structure.<br />

Repeals the Lunacy regulations governing<br />

the Ward of Court system.<br />

Establishes a Decision Support Service<br />

with clearly defined functions which will include<br />

the promotion of public awareness relating<br />

to the exercise of capacity by persons<br />

who may require assistance in exercising<br />

their capacity.<br />

The Director of the Decision Support<br />

Service will have the power to investigate<br />

complaints in relation to any action by a decision-maker<br />

in relation to their functions as<br />

such decision-maker.<br />

Visit www.assisteddecisionmaking.ie for<br />

more information, conference papers and to<br />

watch the conference.<br />

INSET: Hon Justice Baker; TOP: Dr Rosarie McCarthy; ABOVE: Justice Catherine McGuinness speaks to Dr Philip<br />

Crowley.<br />

60 | health matters | spring 2016

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