While it may be the last thing on most people’s minds, preparing for the possibility of ill health causing mental incapacity in our lifetime is becoming increasingly important. Life expectancy has increased globally, therefore we need to be mindful of all eventualities and prepare for these events before they occur.
We at Sweeney McGann LLP know how stressful issues with your health can be, not just for individuals, but also for their friends and family and we actively advise a number of private and public clients how to best organise their legal affairs in this regard.
What is capacity?
The definition of Capacity is evolving, and the new Assisted Decision-Making Capacity Act 2015 (ADMCA) makes far-reaching changes to the law relating to capacity in Ireland. The ADMCA was introduced with the aim of supporting and protecting those with impaired capacity with regard to their decision making.
Section 3(1) of the ADMCA states that a person’s capacity shall be assessed on the basis of his or her ability to understand, at the time that a decision is to be made, the nature and consequences of the decision to be made by him or her in the context of the available choices at the time.
Aoife Hennessy works with both private and state funded health care clients on the area of Mental Health and Capacity Law and regularly provides in house seminars. Aoife advises state funded health care clients particularly on the implications of capacity law on their roles.