Category Archives: Legal Information & Updates

The Assisted Decision-Making (Capacity) Act 2015, which was enacted in December 2015, is due to commence on the 26^th of April 2023. Once fully commenced, this Act will be a significant development in recognising the legal rights of all persons, regardless of disability. It will provide a new legal frame work to support persons who may have difficulties with their capacity to make certain decisions.  More details can be found here:

https://www.citizensinformation.ie/en/health/legal_matters_and_health/assisted_decision_making_act.html

Sage Advocacy has produced this helpful guide to supporting adults who may be vulnerable in managing their finances and this is available here https://www.sageadvocacy.ie/media/2424/managing-finances-march-2023.pdf

For advice you can contact us by telephoning 0659051009 or by emailing info@mcmahonwilliams.ie. Alternatively, please visit our website https://www.mcmws.ie/ for individual Solicitor contact details.

Please note that the 25th April 2023 is the last date for receipt of applications to appoint a care representative under the Fair Deal Scheme. From the 26th April, all such applications will be brought under the Assisted Decision Making (Capacity) Act 2015. See link for further information:

https://www.courts.ie/news/update-assisted-decision-making-capacity-act-and-care-representative-applications-april-2023?fbclid=IwAR0zzp-W9qw74c7Mo1golpa9JVqZ2odOxXr5x6i3Bx20NXDZ-L1U8zil0Y0#:~:text=Please%20note%3A%20The%2025th%20of,(Capacity)%20Act%2C%202015

McMahon & Williams Solicitors look forward to the commencement of the Assisted Decision Making Capacity Act. The Act will replace the ward of court system and focuses on supporting all persons to make their own decisions as far as possible. See the announcement of Minister Rabitte:

https://www.mhcirl.ie/news/mental-health-commission-welcomes-commencement-assisted-decision-making-capacity-act?fbclid=IwAR10_sjQ6qCHPMrx2eKyOJmeraP4tsE6i22yoQ_5XFkkk59kfWBTyxCFd8E

From 1^st January 2023, workers will be entitled to up to 3 days of sick leave in a year, paid at 70% of gross salary up to a cap of €110. Where an employee has an extended period of illness, the scheme will operate seamlessly with the existing illness benefit system which kicks in on day 4 of an absence.  Once the employee has exhausted their entitlement to paid sick leave, they will move onto illness benefit, if eligible. It is intended that the entitlement will rise to up to 10 days sick leave in a year by 2026.

As with all Workers’ Rights Legislation, this new law sets out the minimum standard that an employer must provide. It will not prevent employers having superior sick pay schemes of their own to attract and retain staff, or on foot of an agreement with the Trade Union.