Robert O'Donoghue (Dublin Fingal West, Labour)
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327. To ask the Minister for Children, Disability and Equality if she is aware of the case of a person (details supplied); if she is aware of the complications surrounding the Assisted Decision-Making (Capacity) Act 2015 in circumstances like this; if she will intervene in this case to help the individual involved; and if she will make a statement on the matter. [50987/25]

Hildegarde Naughton (Galway West, Fine Gael)
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I thank the Deputy for their question regarding the Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) and the system of wardship.

The 2015 Act brought about an end to wardship in the State for adults, by repealing the Lunacy Regulation (Ireland) Act 1871 and replacing the wards of court system with the new process for appointing tiered decision support arrangements that is now in effect.

This provision contributes to the realisation of Ireland’s ambitions to meet certain requirements under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the European Convention on Human Rights.

The 2015 Act provides that, on the basis of a functional capacity assessment, a ward of court will either be fully discharged from wardship if they are deemed to have decision-making capacity, or with either a co-decision-making agreement or a decision-making representation order, depending on their level of capacity to make certain decisions themselves.

The Decision Support Service oversees and supervises decision support arrangements to ensure that they are operating as intended. Although it is unclear from the details supplied which tier of decision support arrangement may be in place for the adult in question, access to healthcare and education should not be affected, provided that the arrangement provides for a decision supporter to either assist or make those decisions on behalf of the adult concerned, in line with their known will and preference.

The DSS operates a helpdesk and freephone number at 01 211 9750 and are available to answer queries from 9am- 4pm Monday to Friday about the operation of the decision support arrangement.