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Assisted Decision-Making (Capacity) Act 2015 (No. 64)Introductory TextActs Referred toPart 1 Preliminary and general (ss. 1-7)1. Short title and commencement2. Interpretation - general3. Person's capacity to be construed functionally4. Circuit Court to have exclusive jurisdiction under this Act except for certain matters reserved for High Court, etc.4A. Regulations5. Laying of regulations6. Expenses7. RepealsPart 2 Principles that apply before and during intervention in respect of relevant persons (s. 8)8. Guiding principlesPart 3 Assisted decision-making (ss. 9-15A)9. Definitions - Part 310. Decision-making assistance agreement11. Persons who are not eligible to be decision-making assistants12. Nullity13. Disqualification as decision-making assistant14. Performance of functions of decision-making assistant15. Complaints in relation to decision-making assistants15A. Offence in relation to decision-making assistance agreementPart 4 Co-Decision-Making (ss. 16-34)16. Definitions - Part 417. Co-decision-making agreement18. Persons who are not eligible to be co-decision-makers19. Performance of functions of co-decision-maker20. Nullity21. Application for registration of co-decision-making agreement22. Registration of co-decision-making agreement23. Effect and proof of registration24. Objections to registration25. Register of co-decision-making agreements26. Review of co-decision-making agreements27. Reports by co-decision-maker28. Variation of co-decision-making agreement29. Revocation of co-decision-making agreement and removal from Register30. Complaints in relation to co-decision-makers31. Regulations - Part 431A. Matters to be specified by Director in relation to co-decision-making agreements32. Applications to Court33. Role of Director where nullity occurs34. Offences in relation to co-decision-making agreementsPart 5 Applications to court in respect of relevant persons and related matters (ss. 35-52)Chapter 1 Application of this Part (s. 35)35. Application of this PartChapter 2 Applications under this Part (s. 36)36. Persons who may make applications to court under this Part, etc.Chapter 3 Declarations as to capacity, etc., and matters following declarations (s. 37)37. Power of court to make declarations as to capacity, etc.Chapter 4 Decisions by court or decision-making representative appointed by court (ss. 38-47)38. Power of court to make orders and appoint decision-making representative, etc.39. Persons who are not eligible to be decision-making representatives40. Disqualification as decision-making representative41. Performance of functions of decision-making representative42. Remuneration and expenses43. Scope of decision-making order or decision-making representation order relating to property and affairs44. Restrictions on decision-making representatives45. Register of decision-making representation orders46. Reports by decision-making representative47. Complaints in relation to decision-making representativesChapter 5 Interim orders, reviews and expert reports (ss. 48-50)48. Interim orders49. Review of declaration as respects capacity50. Expert reportsChapter 6 Notification of Director of the Decision Support Service of declarations, etc., under this Part (s. 51)51. Notification of Director of the Decision Support ServiceChapter 7 Legal aid in respect of applications under this Part (s. 52)52. Amendment of Act of 1995Part 6 Wards (ss. 53-57A)53. Definitions - Part 654. Review of capacity of wards who are adults54A. Assistance to ward during proceedings55. Declarations following review and discharge from wardship55A. Review of declaration by wardship court as respects capacity56. Saver57. Director and wards who are adults57A. Amendment of Act of 1995 regarding Part 6Part 7 Enduring powers of attorney (ss. 58-81)58. Interpretation - Part 758A. Provisions regarding trust corporations58B. Liability of officers of trust corporation for offences59. Enduring power of attorney - general60. Content of instrument creating an enduring power of attorney61. Notice of execution of an enduring power of attorney62. Scope of authority - personal welfare decisions63. Scope of authority - property and affairs64. Application to joint and joint and several attorneys65. Persons who are not eligible to be attorneys66. Disqualification of attorney67. Function of court prior to acceptance of notification68. Application for registration of instrument creating enduring power69. Registration of an instrument creating an enduring power of attorney70. Effect and proof of registration71. Objections to registration71A. Notification to Director by attorney71B. Objections to acceptance by Director of notification71C. Acceptance by Director of notification71D. Effect and proof of acceptance by Director of notification72. Register of enduring powers73. Revocation and variation of enduring power73A. Provisions regarding where donor regains capacity after acceptance by Director of notification74. Resignation by attorney75. Reports by attorney76. Complaints in relation to attorneys77. Applications to court78. Removal of instrument from the Register79. Regulations - Part 779A. Matters to be specified by Director in relation to enduring powers of attorney80. Offences in relation to enduring powers of attorney81. Transitional provisionsPart 8 Advance Healthcare Directives (ss. 82-93)82. Definitions - Part 883. Purpose of this Part84. Making of advance healthcare directives, etc.85. Validity and applicability of advance healthcare directive86. Effect of advance healthcare directive87. Designated healthcare representative88. Functions and scope of authority of designated healthcare representatives89. Role of courts90. Offences in relation to advance healthcare directives91. Codes of practice92. Persons who may make applications to relevant court under this Part, etc.93. Review of this PartPart 9 Director of the Decision Support Service (ss. 94-103)Chapter 1 Appointment, functions and terms and conditions of Director (ss. 94-97)94. Appointment of Director95. Functions of Director95A. Regulations providing for disclosure of certain data by Director95B. Documents in electronic form96. Investigations by Director96A. Temporary prohibition order96B. Power of Director to specify form of signature97. Terms and conditions of DirectorChapter 2 Staff of Director of the Decision Support Service (s. 98)98. Staff of Director of the Decision Support ServiceChapter 3 Special visitors, general visitors, court friends and panels (ss. 99-101)99. Special visitors and general visitors100. Court friends101. Panels to be established by the DirectorChapter 4 Reports by Director and codes of practice (ss. 102-103)102. Reports by Director103. Codes of practicePart 10 Detention Matters (ss. 104-108)104. Definitions - Part 10105. Panel of independent consultant psychiatrists to be established by Mental Health Commission106. Detention-related safeguards107. 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 (ss. 109-135)Chapter 1 Preliminary (ss. 109-113)109. Interpretation - Part 11110. Convention given effect111. Countries, territories and nationals112. Protective measures113. Central authorityChapter 2 Jurisdiction of competent authority (ss. 114-116)114. Scope of jurisdiction115. Provisions supplementary to section 114116. Exercise of jurisdictionChapter 3 Applicable law (ss. 117-123)117. Applicable law118. Provisions supplementary to section 117119. Enduring powers of attorney, etc.120. Disapplication or modification of enduring power of attorney, etc.121. Protection of third parties122. Mandatory rules123. Public policyChapter 4 Recognition and enforcement (ss. 124-130)124. Recognition125. Application to High Court or court for declaration on measure126. Provisions supplementary to sections 124 and 125127. Enforcement128. Measures taken in relation to those aged under 18129. Review of measures taken outside State130. Rules of courtChapter 5 Co-operation (ss. 131-135)131. Proposal for cross-border placement132. Proposal received by central authority under Article 33 of the Convention133. Requests to be communicated through central authority134. Adults in danger, etc.135. Circumstances in which co-operation is prohibitedPart 12 Miscellaneous (ss. 136-146)136. Patients whose treatment is regulated by Part 4 of Act of 2001137. Payment for necessary goods and services138. Consent and capacity in specific matters139. Application under Part 5, 7 or 8 to be heard in presence of relevant person or persons concerned140. Wills141. Appeals142. Amendment of section 26A of Courts (Supplemental Provisions) Act 1961143. Amendment of Civil Registration Act 2004144. Amendment of Act of 2001145. Offence of ill-treatment or wilful neglect146. Review of this ActSchedule - Convention on the International Protection of Adults
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 26 April 2023 - onwards
Version 2 of 2

89. Role of courts

(1) On an application (being an application that does not involve considerations relating to life-sustaining treatment) made to it by any interested party, the court may make a declaration as to whether -

(a) an advance healthcare directive is valid,

(b) an advance healthcare directive is applicable, or

(c) a designated healthcare representative is acting in accordance with the relevant powers.

(2) On an application (being an application that involves considerations relating to life-sustaining treatment) made to it by any interested party, the High Court may make a declaration as to whether -

(a) an advance healthcare directive is valid,

(b) an advance healthcare directive is applicable, or

(c) a designated healthcare representative is acting in accordance with the relevant powers.

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