The Law on Consent and Capacity- 9th March 2019

Duration: 1/2 Day


The Law on Consent and Capacity Conference 2019

*4.5 CPD Hours*

This conference will provide an in-depth look at the law on consent and capacity. It will focus on challenges facing health and social care professionals on a daily basis and offer practical guidance to attendees.

The conference will begin with an overview of the Assisted Decision Making (Capacity) Act 2015 and explore the implications of the Act for health and social care professionals.
There will be discussion on Enduring Powers of Attorney, the implementation of Advanced Care Directives and Protection of Liberty Safeguards.

We will finish with an analysis of recent cases before the Superior Courts that articulate the principles of capacity.

 *Click here to download our brochure*


Conference Schedule 

Chairperson's Opening Address:
The Honourable Ms. Justice Mary Laffoy

Overview of the Assisted Decision Making (Capacity) Act, 2015:
Ms. Mary Condell, Solicitor

  • Human Rights origins of the Assisted Decision Making (Capacity) Act
  • The Functional Approach to Decision Making Capacity
  • Statutory duty to maximise a person's decision-making capacity
  • Decision Supporters (Intervenors) provided for in the ADM Act
  • The Guiding Principles for Intervenors
  • Risk v Rights
  • Some practicalities of Empowerment.

Implications of the Assisted Decision Making (Capacity) Act for Health and Social Care practice:
Ms. Caoimhe Gleeson, National Programme Lead for Assisted Decision Making, HSE

  • What is happening now?
  • A recalibration of rights?
  • Unwise decisions and risk
  • Informed consent and supported decision making
  • Next of kin, emergency contact and legal authority
  • Functional assessment and other 'tests' of decision making capacity
  • A programmatic response to the Act
  • What needs to happen now?


Enduring Powers of Attorney
Ms. Patricia Rickard-Clarke, Solicitor

Enduring Powers of Attorney under the Assisted Decision Making (Capacity) Act 2015

  • Content of Enduring Powers of Attorney and execution requirements
  • Scope of authority of attorney
  • Eligibility to act as attorney and disqualification provisions
  • Registration requirements / Effect of registration and ongoing obligations
  • Revocation / Variation / Disclaimers
  • Reporting / Complaints / Offences
  • Role of the Director of Decision Support Service / Role of the Court

Enduring Powers of Attorney under the Powers of Attorney Act 1996

  • Execution / Registration
  • Ongoing obligations of attorney
  • Consequences of the commencement of the Assisted Decision Making (Capacity) Act 2015


The Implementation of Advance Healthcare Directives: Opportunities & Challenges
Dr. Fiona Morrissey, Disability Law Researcher, Galway

  • The presentation will explore the current legal position in relation to advance healthcare directives in Ireland, and proposals under the Assisted Decision-Making (Capacity) Act (ADMA)

  • The findings of Irish and international research on advance healthcare directives will be discussed, including the implementational opportunities and challenges for healthcare professionals and the Irish health services


Protection of Liberty Safeguards:
Ms. Patricia Rickard-Clarke, Solicitor

  • Domestic and international human rights obligations
  • Deprivation of Liberty
  • Physical restraint
  • Chemical restraint
  • Environmental (Detention)
  • Current Policies, Regulations and Standards
  • Proposed Legislative Provisions

Analysis of recent cases before the Superior Courts in relation to Capacity:
Mr. Simon Mills, S.C.
An overview of cases from 2016 to date that articulate relevant principles of capacity


Conference details:
The Law on Consent and Capacity
9am - 2.15pm, Saturday 9th March 2019
4.5 CPD Hours
The Radisson Blu Royal Hotel,
Golden Lane,
Dublin 8

Conference rate: €195 - VAT exempt.