Judge John Oconnor

Judge John O’Connor


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Patricia Hickey, General Solicitor for Minors and Wards of Court


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Mary Condell

Mary Condell, Legal Advisor


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Patricia Rickard Clarke

Patricia Rickard-Clarke


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Aine Flynn

Áine Flynn, Director, Decision Support Service


Details

  • The framework of the Assisted Decision Making (Capacity) Act 2015: an overview
  • The obligation to comply with the provisions of the UN Convention on the Rights of Persons with Disabilities and the Guiding Principles set out in the 2015 Act.
  • The functional assessment of capacity: what this means and the implications for practitioners in day-to-day transactions
  • What happens if a person’s capacity fluctuates?
  • Does mental illness deprive a person of capacity? Is an unwise decision legally valid?
  • What is the position if a person can make some decisions but not others?
  • The practicalities of the statutory duty to support decision making
  • What are the differences between EPA’s created under the 1996 Act and those created under the 2015 Act?
  • Does the scope of an attorney’s authority include healthcare decisions?
  • Should the ability of the donor to participate be ascertained after the EPA comes into effect?
  • Execution and registration of EPA’s: the increased safeguards
  • The role of the Director of the Decision Support Service in registering the EPA and ongoing supervision
  • What action must be taken by the Director if one of the notice parties objects to the registration of the EPA?
  • Is there any appeal mechanism if the Director refuses to register the EPA?
  • Can a decision be taken prior to the EPA coming into effect?
  • Reporting and accounting obligations
  • Provisions in relation to revocation, variation and disclaimer
  • The implications of the legislation for EPA’s created under the 1996 Act
  • What complaints mechanism exists and is it possible to remove an attorney under an EPA created pursuant to the 1996 Act?
  • Implications of the Hague Convention due to be ratified on 20 June
  • The nature and purpose of Advance Healthcare Directives
  • Does an Advance Healthcare Directive apply to basic care?
  • The distinction between a treatment refusal and a treatment request
  • Is an unwise treatment refusal binding?
  • What is the position in relation to one which is not based on sound medical principles or may result in death?
  • In what circumstances is a refusal of life sustaining treatment binding?
  • Is a treatment request binding?
  • Is a healthcare professional required to take such a request into account in any decision-making process which relates to the treatment?
  • Must the healthcare professional record his/her decisions for not complying with it and provide a copy of the reasons to the Designated Healthcare Representative?
  • The role of the Designated Healthcare Representative
  • Does an Advance Healthcare Directive apply in a situation where the person who has made it is involuntarily detained under the Mental Health Acts?
  • Specific provisions which apply where the maker of the Directive is pregnant
  • What steps should be taken to address any ambiguity in an Advance Healthcare Directive?
  • Can a healthcare professional be held liable if he/she fails to comply with the Advance Healthcare Directive?
  • The role of the Circuit Court and the High Court
  • Oversight of the Designated Healthcare Representative by Director of Decision Support Service
  • The Decision-Making Assistance Agreement: Who is deemed to make the decision?
  • Can the appointer have more than one decision making assistant?
  • The obligation to ascertain the will and preferences of the appointer on the matter and to express them
  • Notices: the requirement to notify the director of the Decision Support Service of the agreement
  • Is there an obligation to register the agreement?
  • Can the director of the Decision Support Service investigate a complaint?
  • The power of the Circuit Court to dismiss a decision-making assistant

 

  • The Co-Decision-Making Agreement: when does it come into force?
  • Restrictions on who can act as a co-decision maker
  • Is there an obligation to apply the guiding principles and to give effect to past will and preferences in reaching the decision “jointly”?
  • Provisions in relation to the serving of notices
  • Registration requirements: Must a statement be included as to why the less intrusive decision-making assistance agreement was not chosen?
  • The extent of the reporting obligations
  • Periodic reviews of Co-Decision-Making Agreements by the Director of the Decision Support Service
  • What action is open to the Director if a co-decision maker fails to file an annual report?
  • The extent of the powers of the Director to investigate a complaint
  • Liability for breach of the Co-Decision-Making Agreement

 

  • Decision-Making Representative: Appointment by the Circuit Court
  • Provisions in relation to emergency situations
  • Is there a duty on the Court to ensure that any order made is not inconsistent with the terms of either and EPA or and Advance Healthcare Directive?
  • Should the Court have regard to the will and preferences of the individual in relation to the choice of appointment of the Decision-Making Representative
  • Accounting and reporting obligations
  • Oversight of the Decision-Making Representative by the Director of the Decision Support Service
  • Restrictions on the Decision-Making Representative: implications for refusal of life sustaining treatment, and the disposal of the person’s property by way of gift
  • Can more than one Decision Making Representative be appointed by the Court?
Booking options (4)
Seminar | Thu 30 Jun 2022
- 4:00PM
Book the series: Lectures 1, 2 and 3 €199
Seminar | Thu 30 Jun 2022
- 4:00PM to 6:00PM
Lecture 1 with complimentary Lecture 3 €115
Seminar | Thu 7 Jul 2022
- 4:00PM to 6:00PM
Lecture 2 with complimentary Lecture 3 €115
Seminar | Thu 14 Jul 2022
- 4:00PM to 6:00PM
Lecture 3 with complimentary Lecture 3 €199

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