Oireachtas Joint and Select Committees

Tuesday, 16 February 2021

Joint Oireachtas Committee on Health

A Regulatory Framework for Adult Safeguarding: Law Reform Commission

Ms Leanne Caulfield:

That really comes down to the individual and the definition of an at-risk adult. The commission is very conscious of looking at the Assisted Decision-Making (Capacity) Act and insuring that all recommendations are in line with that. Where there is accommodation that is quite transient in nature, with people moving in and out, those service providers have a duty of care to people while they are in those services. When they leave those services, however, the extent to which those providers can engage with those people might be limited. If those individuals have capacity, they are entitled to make a decision regarding their lives; they are entitled to make unwise decisions, as we all are. If there were potential capacity issues or concerns around mental health, that could come under other legislation such as the Mental Health Act. While those people are living within those services, there is a duty of care there and the regulated service would have a duty of care in terms of the regulatory powers that are available to it. Once the person would leave those services, it would depend on that person's needs in terms of how much the service could engage.

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