Assisted Decision Making and Capacity

The Assisted Decision Making (Capacity) Act 2015 is an Act for everyone.    It is hoped that this Act that was due to commence in June 2022 will be commenced before the end of 2022.    The Assisted Decision Making (Capacity) Act 2015 brings about significant change to the manner in which capacity is assessed and it establishes a modern legal framework to support adults who may have difficulty making decisions.    The Act moves away from a ‘best interests’ approach for people who need support with decision making to a rights based approach, with respect for the will and preference of the person making the decision.   The Act recognises the autonomy of all persons, and under the Act, all persons are presumed to have capacity.

Over the next few weeks and months, we will set out the main provisions of the Act.