Oireachtas Joint and Select Committees
Tuesday, 7 November 2023
Joint Oireachtas Committee on Assisted Dying
Protecting Autonomy and Assessing Decision-making Capacity: Discussion
Dr. Caroline Dalton:
When there is an issue with someone's capacity to understand information or to make a decision, issues can be intrinsic or extrinsic to the individual. For example, a person may need specific supports in the way information is communicated to them. If they are given access to information in a way they can understand, such as through easy-read material, additional time or additional consultations in which to discuss an issue, they are no longer impeded. It comes down to access to resources for that individual and ensuring that if they need supports to be able to understand something - all of us do - they have access to them. Access enhances, fosters and promotes our capacity, but without it we are at a disadvantage and our capacity is not enhanced and fostered in a way it can be. We all learn through life. We have the ability to learn, enhance and develop our understanding of things and that understanding comes from being given supports and being engaged with in a way that allows us to enhance our decision-making practices.
The main focus where I work is looking at how we can provide information and supports to enable people to make decisions, whatever they are and in whatever context, rather than us looking at a person and asking whether, at this moment, the person has the capacity to make the decision with a "Yes" or "No" answer, without doing anything further to support the individual to make a decision. It takes time and access to resources appropriate to the individual. I hope I have answered the Deputy's question about things that impede capacity. There is a variety of things and many supports can help.