At the lowest, least formal level on the framework, the relevant person may appoint a decision-making assistant to help to gather up and interpret information and communicate the relevant person’s decision. The relevant person is still the decisionmaker.
We are very excited about the Capacity Act 2015. The Act has not yet commenced but please keep an eye on our website regarding updates. It is due to commence in late 2022.
We are sure there will be some ‘teething problems’ initially but overall we feel it is to be welcomed.
About The Act
The Act provides for a three-tier framework of supports.
At the middle tier, a relevant person may register a co-decision-making agreement, under which specified decisions are made jointly with an appointed, trusted person.
At the upper level, there is provision for an application to the Circuit Court by any person who has a bona fide interest in the welfare of the relevant person