The Decision Support Service (DSS), promotes the rights and interests of people who may need support with decision-making.
The DSS is a new service that was established under the Assisted Decision-Making (Capacity) Act 2015. Although it is part of the Mental Health Commission, it will have a new and separate role.
The DSS provides an essential service for people who face difficulties exercising their decision-making capacity. This may include people with an intellectual disability, acquired brain injury, mental health difficulty or dementia. This also includes all people who want to plan ahead for a time when they might lose their capacity.
The DSS will help to protect and uphold people’s rights to make their own decisions about their personal welfare, property and affairs.
The DSS will:
- regulate and register decision support arrangements
- supervise the actions of decision supporters
- maintain a panel of experts who will act as decision-making representatives, special and general visitors, and court friends
- investigate complaints made under the 2015 Act
- promote awareness and provide information about the 2015 Act
The service will also act as the central authority for matters relating to the Hague Convention on the International Protection of Adults.
The DSS helps to ensure that Ireland is compliant with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).
You can read more about this new service by visiting the DSS website.
Assisted Decision Making (Capacity) Act, 2015
Assisted Decision-Making (Capacity) Act 2015 (irishstatutebook.ie)
Consolidated Act
Assisted Decision-Making (Capacity) Act 2015 (consolidated version) Law Reform Commission
Commencement Orders
- S.I. No. 515/2016 - Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016. (irishstatutebook.ie)
- S.I. No. 517/2016 - Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) (No. 2) Order 2016. (irishstatutebook.ie)
- S.I. No. 527/2018 - Assisted Decision Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2018 (irishstatutebook.ie)
- S.I. No. 24/2021 - Assisted Decision-Making (Capacity) Act 2015 (Section 7(1)) (Commencement) Order 2021 (irishstatutebook.ie)
Assisted Decision-Making (Capacity) (Amendment) Act 2022
Assisted Decision-Making (Capacity) (Amendment) Act 2022 (irishstatutebook.ie)
Commencement Orders
- S.I. No. 46/2023 - Assisted Decision - Making (Capacity) (Amendment) Act 2022 (Commencement) Order 2023 (irishstatutebook.ie)
- S.I. No. 192/2023 - Assisted Decision - Making (Capacity) Act 2015 (Commencement) Order 2023
- S.I. No. 193/2023 - Assisted Decision - Making (Capacity) Act 2015 (Commencement) (No.2) Order 2023
- S.I. No. 194/2023 - Assisted Decision - Making (Capacity) (Amendment) Act 2022 (Commencement) (No. 2) Order 2023
- S.I. No. 195/2023 - Assisted Decision - Making (Capacity) (Amendment) Act 2022 (Commencement) (No. 3) Order 2023
Regulations
- S.I. No. 202/2023 Assisted Decision - Making (Capacity) Act 2015 (Fees) Regulations 2023
- S.I. No. 203/2023 Assisted Decision - Making (Capacity) Act 2015 (Payment of Certain Expenses and Remuneration to Decision - Making Representatives) Regulations 2023
- S.I. No. 204/2023 Assisted Decision - Making (Capacity) Act 2015 (Prescribed Classes of Healthcare Professionals) Regulations 2023
- S.I. No. 205/2023 Assisted Decision - Making (Capacity) Act 2015 (Section 10(4)) Regulations 2023
- S.I. No. 206/2023 Assisted Decision - Making (Capacity) Act 2015 (Inspection of Registers and Receipt of Copies of Documents) Regulations 2023
Circuit Court Rules
Superior Court Practice Directions
Court Forms
Other related legislation
- S.I. No. 436/2020 - Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020
- Section 54 Domestic Violence Act 2018 Amendment of section 2 of Assisted Decision-Making (Capacity) Act 2015