Áine Flynn, Director of the Decision Support Service, will provide social workers with an overview of the Assisted Decision-Making (Capacity) Act 2015 and the role of the Decision Support Service followed by a Q & A session.

Any adult, as some point, may become unable to make decisions for themselves. Advance planning lets people record their wishes about their treatment, their welfare and what happens with their money and property.

These arrangements are not something to be left to later in life, or to when decision-making capacity appears to be an issue. It is also a common misconception that future decisions could be left to a 'next of kin' in the event of a loss of capacity. Outside of a formal legal arrangement - such as an EPA or an AHD – a ‘next of kin’ cannot make these decisions.

Instead, advance planning should be viewed as part of positive and sensible life administration, available to adults of any age; and as an act of care for loved ones in the distressing event of a loss of capacity. 

Advance Planning arrangements are:

• Enduring Powers of Attorney (EPAs), and
• Advance Healthcare Directives (AHDs).

An EPA gives authority to a person you know and trust, to act on your behalf if you lose the capacity to make certain decisions in the future. An AHD lets you write down your wishes about healthcare and medical treatment decisions in case you are unable to make these decisions at some time in the future.

The ability to make an EPA has existed in Ireland since 1996, but only approximately 8 per cent of adults have one in place. This compares poorly to similar jurisdictions like England, Wales and Scotland where rates are 20 per cent and above. The lack of advance planning in Ireland means too many families face unnecessary uncertainty and stress when a loved-one loses decision making capacity without a clear plan in place.

The webinar will focus on Advance Planning from a personal point of view - encouraging attendees to put Advance Planning in place - and from a professional point of view - with a focus on the Codes of Practice that exist in relation to the Act for healthcare professionals engaging with and advising, patients and clients who are relevant persons under the Act. 

The webinar will cover

• Advance Planning
• Enduring Powers of Attorney
• Advance Healthcare Directives
• Functions of the DSS (including registers, arrangements, investigation of complaints etc)
• Codes of Practice and resources:
• HSeLanD
• Capacity Assessments templates
• Functional Assessment of Capacity for the purposes of the Assisted Decision-Making (Capacity) Act 2015

Áine Flynn, Director, Decision Support Service

Áine Flynn is a graduate of Trinity College Dublin and the Law Society of Ireland. As a practising solicitor, she specialised in public interest law, including disability, equality and mental health and capacity law. She was a member of the panel of legal representatives for the Mental Health Tribunal and the Mental Health (Criminal Law) Review Board from their inception.

She is a long-standing member of the Law Society of Ireland’s Human Rights and Equality Committee. She has written and lectured on Ireland’s capacity law reforms and has acted in an advisory role to support State bodies on related policy development. 

In October 2017, Ms. Flynn commenced in post as the first Director of the Decision Support Service under the Assisted Decision-Making (Capacity) Act 2015 with responsibility for the establishment of the service, which has now been operational since April 2023.