title: The Assisted Decision-Making (Capacity) Bill 2013: content, commentary, controversy.
abstract: BACKGROUND
  Ireland's Assisted Decision-Making (Capacity) Bill (2013) aims to reform the law relating to persons who require assistance exercising their decision-making capacity. When finalised, the Bill will replace Ireland's outdated Ward of Court system which has an all-or-nothing approach to capacity; does not adequately define capacity; is poorly responsive to change; makes unwieldy provision for appointing decision-makers; and has insufficient provision for review.
  
  
  OBJECTIVE
  To explore the content and implications of the Assisted Decision-Making (Capacity) Bill.
  
  
  METHODS
  Review of the content of the Assisted Decision-Making (Capacity) Bill and related literature.
  
  
  RESULTS
  The new Bill includes a presumption of capacity and defines lack of capacity. All interventions must minimise restriction of rights and freedom, and have due regard for "dignity, bodily integrity, privacy and autonomy". The Bill proposes legal frameworks for "assisted decision-making" (where an individual voluntarily appoints someone to assist with specific decisions relating to personal welfare or property and affairs, by, among other measures, assisting the individual to communicate his or her "will and preferences"); "co-decision-making" (where the Circuit Court declares the individual's capacity is reduced but he or she can make specific decisions with a co-decision-maker to share authority); "decision-making representatives" (substitute decision-making); "enduring power of attorney"; and "informal decision-making on personal welfare matters" (without apparent oversight).
  
  
  CONCLUSIONS
  These measures, if implemented, will shift Ireland's capacity laws away from an approach based on "best interests" to one based on "will and preferences", and increase compliance with the United Nations' Convention on the Rights of Persons with Disabilities.
authors.affiliation: Department of Adult Psychiatry, UCD School of Medicine and Medical Science, Mater Misericordiae University Hospital, University College Dublin, 62-63 Eccles Street, Dublin 7, Ireland, brendankelly35@gmail.com.
authors.forename: B D
authors.initials: BD
authors.lastname: Kelly
mesh_terms: D003657:Decision Making; D006233:Persons with Disabilities / Q000331:legislation & jurisprudence*; D006806:Human Rights / Q000331:legislation & jurisprudence*; D006801:Humans; D007494:Ireland