The Assisted Decision Making (Capacity) Act 2015 was signed into law on 30th December 2015. Once commenced, this Act will apply to every person in all health and social care services.  The Act is about recognising and maximising a person’s right to make their own decisions, with legally recognised supports wherever possible. It requires a move away from blanket capacity tests which determine that a person has no capacity to make any decisions, to a functional approach which is both time and issue specific and takes account of the fluctuating nature of capacity.


In response to the Act, the HSE has developed a national implementation programme to support staff and prepare services for commencement. This includes the development of draft guidance on how the Act will apply in everyday practice.


The draft guidance is available for your consideration at The consultation period on the draft guidance is from Monday 13th March until Monday 10th April 2017. There is a short questionnaire on Survey Monkey to help you provide feedback. We would welcome any comments that you would like to submit for consideration.