3059. Deputy Ruth Coppinger asked the Minister for Children, Disability and Equality to address concerns regarding the Decision-Making (Capacity) Act 2015 in cases involving adults severe intellectual disabilities and complex additional needs, particularly where parents who have been lifelong carers are no longer formally recognised in decision making processes (details supplied); and if she will make a statement on the matter. [62805/26]

The Assisted Decision-Making (Capacity) Act 2015 (2015 Act) which commenced in April 2023, represents a major change in the way capacity is viewed in the State. The Act ended the system of wardship for adults in the State by repealing the Lunacy Regulation (Ireland) Act 1871 and replacing the wards of court regime with a new rights-based framework that provides for a range of tiered decision-support arrangements.

This new suite of tiered decision support arrangements is designed to enable those with diminished decision-making capacity to retain as much control over their own lives as possible, and over the decisions that affect them. The arrangements available under the 2015 Act are registered by the Decision Support Service (DSS) who have an oversight and supervisory function in respect of decision supporters and arrangements, carried out to ensure that the arrangement is working as intended and remains necessary.

In line with Ireland’s obligations under the United Nations Convention on the Rights of Persons with Disabilities, the guiding principles of the 2015 Act, which are rooted in human rights, provide that every person is presumed to have capacity unless otherwise proven. People must be supported as much as possible to make their own decisions. Where it has been deemed, by way of a functional capacity assessment, that a person lacks capacity to make one or more decisions without support, then an appropriate decision support arrangement can be put in place. This arrangement will be tailored to the decision support needs of the individual experiencing diminished decision-making capacity. Importantly, the functional capacity assessment, which is carried out by a medical practitioner or other specified healthcare professional, assesses capacity on an issue and time-specific basis.

Safeguarding the rights of those with decision-making difficulties is at the core of the 2015 Act, ensuring that their autonomy is protected whilst also ensuring that appropriate support is available where needed. By placing the individual at the centre of decisions, supported decision-making enables people to exercise their legal capacity, to make choices about their own lives, and to participate fully in society on an equal basis with others.

The 2015 Act acknowledges the important role that families and carers often have in supporting people to make their own decisions. In that regard it provides that the views of those who have a genuine interest in the person's welfare, including families, should be considered as part of decisions made by a decision supporter concerning the adult. In addition, where a formal decision support arrangement is required, it is frequently a trusted family member who is appointed. Families can also play a key role in supporting a person to communicate their will and preferences.

In recognition of the important role of families, Inclusion Ireland, in collaboration with the DSS and the HSE, has recently published guidance for families and supporters in supporting decision-making. This guidance document provides clear and practical information in respect of the operation of the Act in real-life settings and offers clarity on areas where families may be unsure about how the Act should be implemented. This guidance can be found here: www.inclusionireland.ie/wp-content/uploads/2026/07/Inclusion-Ireland-The-role-of-family-and-supporters-in-supporting-decision-making-Digital.pdf.

A review of the operation and effectiveness of the 2015 Act is provided for under legislation and is also a commitment in the Programme for Government. This review, which will commence this year, will take place in consultation with a wide range of stakeholders including families and decision supporters and, most importantly, will be informed by feedback from those with lived experiences of the provisions of the Act.