(LRC Revised)

Number 64 of 2015

ASSISTED DECISION-MAKING (CAPACITY) ACT 2015

REVISED

Updated to 31 March 2026

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Assisted Decision-Making (Capacity) Act 2015

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Assisted Decision-Making (Capacity) (Amendment) Act 2026

(8/2026), enacted 31 March 2026, and all statutory instruments

up to and including the

Safety, Health and Welfare at Work (Carcinogens, Mutagens and Reprotoxic Substances)

(Amendment) Regulations 2026

(S.I. No. 128 of 2026), made 31 March 2026, were

considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

64

of

2015

ASSISTED DECISION-MAKING (CAPACITY) ACT 2015

REVISED

Updated to 31 March 2026

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and

commencement

2. Interpretation —

general

3. Person’s capacity to be

construed functionally

4. Circuit Court to have exclusive

jurisdiction under this Act except for certain matters reserved for High Court,

etc.

4A. Regulations.

5. Laying of regulations

6. Expenses

7. Repeals

PART 2

Principles that Apply before and during Intervention in respect of Relevant Persons

8. Guiding principles

PART 3

Assisted Decision-Making

9. Definitions — Part 3

10. Decision-making assistance agreement

11. Persons who are not eligible to be decision-making assistants

12. Nullity

13. Disqualification as decision-making assistant

14. Performance of functions of decision-making assistant

15. Complaints in relation to decision-making assistants

15A. Offence in relation to decision-making assistance agreement

PART 4

Co-Decision-Making

16. Definitions — Part 4

17. Co-decision-making agreement

18. Persons who are not eligible to be co-decision-makers

19. Performance of functions of co-decision-maker

20. Nullity

21. Application for registration of co-decision-making agreement

22. Registration of co-decision-making agreement

23. Effect and proof of registration

24. Objections to registration

25. Register of co-decision-making agreements

26. Review of co-decision-making agreements

27. Reports by co-decision-maker

28. Variation of co-decision-making agreement

29. Revocation of co-decision-making agreement and removal from Register

30. Complaints in relation to co-decision-makers

31. Regulations - Part

4

31A. Matters to be specified by Director in relation to co-decision-making agreements

32. Applications to Court

33. Role of Director where nullity occurs

34. Offences in relation to co-decision-making agreements

PART 5

Applications to Court in respect of Relevant Persons and Related Matters

Chapter 1

Application of this Part

35. Application of this Part

Chapter 2

Applications under this Part

36. Persons who may make applications to court under this Part, etc.

Chapter 3

Declarations as to capacity, etc., and matters following declarations

37. Power of court to make declarations as to capacity, etc.

Chapter 4

Decisions by court or decision-making representative appointed by court

38. Power of court to make orders and appoint decision-making representative, etc.

39. Persons who are not eligible to be decision-making representatives

40. Disqualification as decision-making representative

41. Performance of functions of decision-making representative

42. Remuneration and expenses

43. Scope of decision-making order or decision-making representation order relating

to property and affairs

44. Restrictions on decision-making representatives

45. Register of decision-making representation orders

46. Reports by decision-making representative

47. Complaints in relation to decision-making representatives

Chapter 5

Interim orders, reviews and expert reports

48. Interim orders

49. Review of declaration as respects capacity

50. Expert reports

Chapter 6

Notification of Director of the Decision Support Service of declarations, etc., under

this Part

51. Notification of Director of the Decision Support Service

Chapter 7

Legal aid in respect of applications under this Part

52. Amendment of Act of 1995

PART 6

Wards

53. Definitions — Part 6

54. Review of capacity of wards who are adults

54A. Assistance to ward during proceedings

55. Declarations following review and discharge from wardship

55A. Review of declaration by wardship court as respects capacity

56. Saver

57. Director and wards who are

adults

(Repealed)

57A. Amendment of Act of 1995 regarding Part 6

PART 7

Enduring Powers of Attorney

58. Interpretation — Part 7

58A. Provisions regarding trust corporations

58B. Liability of officers of

trust corporation for offences

59. Enduring power of attorney — general

60. Content of instrument creating an enduring power of attorney

61. Notice of execution of an

enduring power of attorney

(Repealed)

62. Scope of authority —

personal welfare decisions

(Repealed)

63. Scope of authority — property and affairs

64. Application to joint and joint and several attorneys

65. Persons who are not eligible to be attorneys

66. Disqualification of attorney

67. Function of court prior to

acceptance of notification

68. Application for registration of instrument creating enduring power

69. Registration of an instrument creating an enduring power of attorney

70. Effect and proof of

registration

(Repealed)

71. Objections to registration

71A. Notification to Director by attorney

71B. Objections to acceptance by Director of notification

71C. Acceptance by Director of notification

71D. Effect and proof of acceptance by Director of notification

72. Register of enduring powers

73. Revocation and variation of enduring power

73A. Provisions regarding where donor regains capacity after acceptance by Director

of notification

74. Resignation by

attorney

75. Reports by attorney

76. Complaints in relation to attorneys

77. Applications to court

78. Removal of instrument from the Register

79. Regulations - Part

7

79A. Matters to be specified by Director in relation to enduring powers of attorney

80. Offences in relation to enduring powers of attorney

81. Transitional provisions

PART 8

Advance Healthcare Directives

82. Definitions — Part 8

83. Purpose of this Part

84. Making of advance healthcare directives, etc.

85. Validity and applicability of advance healthcare directive

86. Effect of advance healthcare directive

87. Designated healthcare representative

88. Functions and scope of authority of designated healthcare representatives

89. Role of courts

90. Offences in relation to advance healthcare directives

91. Codes of practice

92. Persons who may make applications to relevant court under this Part, etc.

93. Review of this Part

(Repealed)

PART 9

Director of the Decision Support Service

Chapter 1

Appointment, functions and terms and conditions of Director

94. Appointment of Director

95. Functions of Director

95A. Regulations providing for

disclosure of certain data by Director

95B. Documents in electronic

form

96. Investigations by

Director

96A. Temporary prohibition order

96B. Power of Director to specify form of signature

97. Terms and conditions of Director

Chapter 2

Staff of Director of the Decision Support Service

98. Staff of Director of the Decision Support Service

Chapter 3

Special visitors, general visitors, court friends and panels

99. Special visitors and general visitors

100. Court friends

101. Panels to be established by the Director

Chapter 4

Reports by Director and codes of practice

102. Reports by Director

103. Codes of practice

PART 10

Detention Matters

104. Definitions — Part 10

105. Panel of independent consultant psychiatrists to be established by Mental Health

Commission

106. Detention-related safeguards

107. Review of detention orders in certain circumstances (approved centres)

108. Review of detention orders in certain circumstances (non-approved centres)

PART 11

Convention on International Protection of Adults

Chapter 1

Preliminary

109. Interpretation — Part 11

110. Convention given effect

111. Countries, territories and nationals

112. Protective measures

113. Central authority

Chapter 2

Jurisdiction of competent authority

114. Scope of jurisdiction

115. Provisions supplementary to section 114

116. Exercise of jurisdiction

Chapter 3

Applicable law

117. Applicable law

118. Provisions supplementary to section 117

119. Enduring powers of attorney, etc.

120. Disapplication or modification of enduring power of attorney, etc.

121. Protection of third parties

122. Mandatory rules

123. Public policy

Chapter 4

Recognition and enforcement

124. Recognition

125. Application to High Court or court for declaration on measure

126. Provisions supplementary to sections 124 and 125

127. Enforcement

128. Measures taken in relation to those aged under 18

129. Review of measures taken outside State

130. Rules of court

Chapter 5

Co-operation

131. Proposal for cross-border placement

132. Proposal received by central authority under Article 33 of the Convention

133. Requests to be communicated through central authority

134. Adults in danger, etc.

135. Circumstances in which co-operation is prohibited

PART 12

Miscellaneous

136. Patients whose treatment is regulated by Part 4 of Act of 2001

137. Payment for necessary goods and services

138. Consent and capacity in specific matters

139. Application under Part 5, 7 or 8 to be heard in presence of relevant person or

persons concerned

140. Wills

141. Appeals

142. Amendment of section 26A of Courts (Supplemental Provisions) Act 1961

143. Amendment of Civil Registration Act 2004

144. Amendment of Act of

2001

(Repealed)

145. Offence of ill-treatment or wilful neglect

146. Review of this Act

SCHEDULE

Convention on the International Protection of Adults

Acts Referred to

Civil Legal Aid Act 1995

(No. 32)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

(No. 24)

Civil Registration Act 2004

(No. 3)

Companies Act 2014

(No. 38)

Courts (Supplemental Provisions) Act 1961

(No. 39)

Courts and Court Officers Act 2009

(No. 36)

Criminal Law (Insanity) Act 2006

(No. 11)

Criminal Law (Insanity) Act 2010

(No. 40)

Criminal Law (Suicide) Act 1993

(No. 11)

Domestic Violence Act 1996

(No. 1)

Health Act 2007

(No. 23)

Health and Social Care Professionals Act 2005

(No. 27)

Local Government Act 2001

(No. 37)

Lunacy Regulation (Ireland) Act 1871

(34 & 35 Vict., c. 22)

Marriage of Lunatics Act 1811

(51 Geo. 3) c.37

Medical Practitioners Act 2007

(No. 25)

Mental Health Act 2001

(No. 25)

Nursing Homes Support Scheme Act 2009

(No. 15)

Personal Insolvency Act 2012

(No. 44)

Powers of Attorney Act 1996

(No. 12)

Public Service Management (Recruitment and Appointments) Act 2004

(No. 33)

Sale of Goods Act 1893

(56 & 57 Vict., c. 71)

Succession Act 1965

(No. 27)

Number

64

of

2015

ASSISTED DECISION-MAKING (CAPACITY) ACT 2015

REVISED

Updated to 31 March 2026

An Act to provide for the reform of

the law relating to persons who require or may require assistance in exercising their

decision-making capacity, whether immediately or IN THE FUTURE, HAVING REGARD, INTER

ALIA,

TO THE PROTECTIONS AFFORDED BY THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND

FUNDAMENTAL FREEDOMS DONE AT ROME ON THE 4TH DAY OF NOVEMBER 1950 AS IT APPLIES IN

THE

STATE; to provide for the appointment by such persons of other persons to assist them

in

decision-making or to make decisions jointly with such persons; to provide for the

making

of applications to the Circuit Court or High Court in respect of such persons, including

seeking the appointment by the Circuit Court of decision-making representatives for

such

persons; TO PROVIDE FOR THE MAKING OF ADVANCE HEALTHCARE DIRECTIVES BY PERSONS OF

THEIR

WILL AND PREFERENCES CONCERNING MEDICAL TREATMENT DECISIONS SHOULD SUCH A PERSON

SUBSECQUENTLY LACK CAPACITY; TO PROVIDE FOR THE APPOINTMENT IN ADVANCE HEALTHCARE

DIRECTIVES OF DESIGNATED HEALTHCARE REPRESENTATIVES WITH THE POWER TO, inter alia,

ENSURE

THAT THE ADVANCE HEALTHCARE DIRECTIVES CONCERNED ARE COMPLIED WITH; to provide for

the

appointment and functions of the Director of the Decision Support Service in respect

of

persons who require or may shortly require assistance in exercising their decision-making

capacity; to provide for the amendment of the law relating to enduring powers of attorney;

to provide for the ratification by the State of the Convention on the International

Protection of Adults; and to provide for related matters.

[30

th December

, 2015]

Be it enacted by the Oireachtas

as follows

Annotations

Modifications etc. (not altering text)

C1

Functions transferred

and references construed (14.10.2020) by

Disability, Equality, Human

Rights, Integration and Reception (Transfer of Departmental

Administration and Ministerial Functions) Order 2020

(S.I. No. 436 of

2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject

to transitional provisions in arts. 4-8.

Note change of name of Department

and title of Minister to Department of and Minister for Children, Equality,

Disability, Integration and Youth made (15.10.2020) by

Children and Youth

Affairs (Alteration of Name of Department and Title of Minister) Order 2020

(S.I. No. 437 of 2020), in effect as per art. 1(2).

2. (1) The administration

and business in connection with the exercise, performance or execution of

any functions transferred by Article 3 are transferred to the Department of

Children and Youth Affairs.

(2) References to the

Department of Justice and Equality contained in any Act or instrument made

under such Act and relating to any administration and business transferred

by paragraph (1) of this Article shall, on and after the commencement of

this Order, be construed as references to the Department of Children and

Youth Affairs.

3. (1) The functions vested

in the Minister for Justice and Equality -

(

a

) by or under the

enactments specified in Schedule 1, and

...

are transferred to the

Minister for Children and Youth Affairs.

...

(3) References to the

Minister for Justice and Equality contained in any Act or instrument made

under such Act, and relating to any functions transferred by this Article

shall, on and after the commencement of this Order, be construed as

references to the Minister for Children and Youth Affairs.

SCHEDULE 1

Article 3(1)(a)

Enactments, functions by

or under which are transferred from the Minister for Justice and Equality to

the Minister for Children and Youth Affairs

...

Assisted Decision-Making

(Capacity) Act 2015 (No. 64 of 2015)

...

Annotations

Modifications etc. (not altering text)

C1

Functions transferred

and references construed (14.10.2020) by

Disability, Equality, Human

Rights, Integration and Reception (Transfer of Departmental

Administration and Ministerial Functions) Order 2020

(S.I. No. 436 of

2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject

to transitional provisions in arts. 4-8.

Note change of name of Department

and title of Minister to Department of and Minister for Children, Equality,

Disability, Integration and Youth made (15.10.2020) by

Children and Youth

Affairs (Alteration of Name of Department and Title of Minister) Order 2020

(S.I. No. 437 of 2020), in effect as per art. 1(2).

2. (1) The administration

and business in connection with the exercise, performance or execution of

any functions transferred by Article 3 are transferred to the Department of

Children and Youth Affairs.

(2) References to the

Department of Justice and Equality contained in any Act or instrument made

under such Act and relating to any administration and business transferred

by paragraph (1) of this Article shall, on and after the commencement of

this Order, be construed as references to the Department of Children and

Youth Affairs.

3. (1) The functions vested

in the Minister for Justice and Equality -

(

a

) by or under the

enactments specified in Schedule 1, and

...

are transferred to the

Minister for Children and Youth Affairs.

...

(3) References to the

Minister for Justice and Equality contained in any Act or instrument made

under such Act, and relating to any functions transferred by this Article

shall, on and after the commencement of this Order, be construed as

references to the Minister for Children and Youth Affairs.

SCHEDULE 1

Article 3(1)(a)

Enactments, functions by

or under which are transferred from the Minister for Justice and Equality to

the Minister for Children and Youth Affairs

...

Assisted Decision-Making

(Capacity) Act 2015 (No. 64 of 2015)

...

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and

commencement

2. Interpretation —

general

3. Person’s capacity to be

construed functionally

4. Circuit Court to have exclusive

jurisdiction under this Act except for certain matters reserved for High Court,

etc.

4A. Regulations.

5. Laying of regulations

6. Expenses

7. Repeals

PART 2

Principles that Apply before and during Intervention in respect of Relevant Persons

8. Guiding principles

PART 3

Assisted Decision-Making

9. Definitions — Part 3

10. Decision-making assistance agreement

11. Persons who are not eligible to be decision-making assistants

12. Nullity

13. Disqualification as decision-making assistant

14. Performance of functions of decision-making assistant

15. Complaints in relation to decision-making assistants

15A. Offence in relation to decision-making assistance agreement

PART 4

Co-Decision-Making

16. Definitions — Part 4

17. Co-decision-making agreement

18. Persons who are not eligible to be co-decision-makers

19. Performance of functions of co-decision-maker

20. Nullity

21. Application for registration of co-decision-making agreement

22. Registration of co-decision-making agreement

23. Effect and proof of registration

24. Objections to registration

25. Register of co-decision-making agreements

26. Review of co-decision-making agreements

27. Reports by co-decision-maker

28. Variation of co-decision-making agreement

29. Revocation of co-decision-making agreement and removal from Register

30. Complaints in relation to co-decision-makers

31. Regulations - Part

4

31A. Matters to be specified by Director in relation to co-decision-making agreements

32. Applications to Court

33. Role of Director where nullity occurs

34. Offences in relation to co-decision-making agreements

PART 5

Applications to Court in respect of Relevant Persons and Related Matters

Chapter 1

Application of this Part

35. Application of this Part

Chapter 2

Applications under this Part

36. Persons who may make applications to court under this Part, etc.

Chapter 3

Declarations as to capacity, etc., and matters following declarations

37. Power of court to make declarations as to capacity, etc.

Chapter 4

Decisions by court or decision-making representative appointed by court

38. Power of court to make orders and appoint decision-making representative, etc.

39. Persons who are not eligible to be decision-making representatives

40. Disqualification as decision-making representative

41. Performance of functions of decision-making representative

42. Remuneration and expenses

43. Scope of decision-making order or decision-making representation order relating

to property and affairs

44. Restrictions on decision-making representatives

45. Register of decision-making representation orders

46. Reports by decision-making representative

47. Complaints in relation to decision-making representatives

Chapter 5

Interim orders, reviews and expert reports

48. Interim orders

49. Review of declaration as respects capacity

50. Expert reports

Chapter 6

Notification of Director of the Decision Support Service of declarations, etc., under

this Part

51. Notification of Director of the Decision Support Service

Chapter 7

Legal aid in respect of applications under this Part

52. Amendment of Act of 1995

PART 6

Wards

53. Definitions — Part 6

54. Review of capacity of wards who are adults

54A. Assistance to ward during proceedings

55. Declarations following review and discharge from wardship

55A. Review of declaration by wardship court as respects capacity

56. Saver

57. Director and wards who are

adults

(Repealed)

57A. Amendment of Act of 1995 regarding Part 6

PART 7

Enduring Powers of Attorney

58. Interpretation — Part 7

58A. Provisions regarding trust corporations

58B. Liability of officers of

trust corporation for offences

59. Enduring power of attorney — general

60. Content of instrument creating an enduring power of attorney

61. Notice of execution of an

enduring power of attorney

(Repealed)

62. Scope of authority —

personal welfare decisions

(Repealed)

63. Scope of authority — property and affairs

64. Application to joint and joint and several attorneys

65. Persons who are not eligible to be attorneys

66. Disqualification of attorney

67. Function of court prior to

acceptance of notification

68. Application for registration of instrument creating enduring power

69. Registration of an instrument creating an enduring power of attorney

70. Effect and proof of

registration

(Repealed)

71. Objections to registration

71A. Notification to Director by attorney

71B. Objections to acceptance by Director of notification

71C. Acceptance by Director of notification

71D. Effect and proof of acceptance by Director of notification

72. Register of enduring powers

73. Revocation and variation of enduring power

73A. Provisions regarding where donor regains capacity after acceptance by Director

of notification

74. Resignation by

attorney

75. Reports by attorney

76. Complaints in relation to attorneys

77. Applications to court

78. Removal of instrument from the Register

79. Regulations - Part

7

79A. Matters to be specified by Director in relation to enduring powers of attorney

80. Offences in relation to enduring powers of attorney

81. Transitional provisions

PART 8

Advance Healthcare Directives

82. Definitions — Part 8

83. Purpose of this Part

84. Making of advance healthcare directives, etc.

85. Validity and applicability of advance healthcare directive

86. Effect of advance healthcare directive

87. Designated healthcare representative

88. Functions and scope of authority of designated healthcare representatives

89. Role of courts

90. Offences in relation to advance healthcare directives

91. Codes of practice

92. Persons who may make applications to relevant court under this Part, etc.

93. Review of this Part

(Repealed)

PART 9

Director of the Decision Support Service

Chapter 1

Appointment, functions and terms and conditions of Director

94. Appointment of Director

95. Functions of Director

95A. Regulations providing for

disclosure of certain data by Director

95B. Documents in electronic

form

96. Investigations by

Director

96A. Temporary prohibition order

96B. Power of Director to specify form of signature

97. Terms and conditions of Director

Chapter 2

Staff of Director of the Decision Support Service

98. Staff of Director of the Decision Support Service

Chapter 3

Special visitors, general visitors, court friends and panels

99. Special visitors and general visitors

100. Court friends

101. Panels to be established by the Director

Chapter 4

Reports by Director and codes of practice

102. Reports by Director

103. Codes of practice

PART 10

Detention Matters

104. Definitions — Part 10

105. Panel of independent consultant psychiatrists to be established by Mental Health

Commission

106. Detention-related safeguards

107. Review of detention orders in certain circumstances (approved centres)

108. Review of detention orders in certain circumstances (non-approved centres)

PART 11

Convention on International Protection of Adults

Chapter 1

Preliminary

109. Interpretation — Part 11

110. Convention given effect

111. Countries, territories and nationals

112. Protective measures

113. Central authority

Chapter 2

Jurisdiction of competent authority

114. Scope of jurisdiction

115. Provisions supplementary to section 114

116. Exercise of jurisdiction

Chapter 3

Applicable law

117. Applicable law

118. Provisions supplementary to section 117

119. Enduring powers of attorney, etc.

120. Disapplication or modification of enduring power of attorney, etc.

121. Protection of third parties

122. Mandatory rules

123. Public policy

Chapter 4

Recognition and enforcement

124. Recognition

125. Application to High Court or court for declaration on measure

126. Provisions supplementary to sections 124 and 125

127. Enforcement

128. Measures taken in relation to those aged under 18

129. Review of measures taken outside State

130. Rules of court

Chapter 5

Co-operation

131. Proposal for cross-border placement

132. Proposal received by central authority under Article 33 of the Convention

133. Requests to be communicated through central authority

134. Adults in danger, etc.

135. Circumstances in which co-operation is prohibited

PART 12

Miscellaneous

136. Patients whose treatment is regulated by Part 4 of Act of 2001

137. Payment for necessary goods and services

138. Consent and capacity in specific matters

139. Application under Part 5, 7 or 8 to be heard in presence of relevant person or

persons concerned

140. Wills

141. Appeals

142. Amendment of section 26A of Courts (Supplemental Provisions) Act 1961

143. Amendment of Civil Registration Act 2004

144. Amendment of Act of

2001

(Repealed)

145. Offence of ill-treatment or wilful neglect

146. Review of this Act

SCHEDULE

Convention on the International Protection of Adults

Number

64

of

2015