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The changing face of Capacity legislation in Ireland: algorithms for clinicians

  • Valerie E Murphy (a1), Gautam Gulati (a2), Darius Whelan (a3), Colum P Dunne (a4) and Brendan D Kelly (a5)...

Abstract

Capacity legislation in Ireland is evolving. The Assisted Decision-Making (Capacity) Act 2015 has been passed into law, but its main provisions are yet to be commenced. This paper compares the law and its practical implications currently and under the new legislation. Quick reference algorithms for frontline clinicians are proposed.

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Copyright

Corresponding author

*Address for correspondence: Gautam Gulati, Kilmallock Day Hospital, Railway Road, Kilmallock, Co. Limerick, V35 VP21, Ireland. (Email: gautam.gulati@hse.ie)

References

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Curley, A, Murphy, R, Plunkett, R, Kelly, BD (2019). Concordance of mental capacity assessments based on legal and clinical criteria: a cross-sectional study of psychiatry inpatients. Psychiatry Research 276, 160166.
Donnelly, J (2009). Inherent jurisdiction and inherent powers of Irish courts. Judicial Studies Institute Journal 9, 122161.
Donnelly, M (2016). The Assisted Decision-Making (Capacity) Act 2015: implications for healthcare decision-making. Medico-Legal Journal of Ireland 22, 6574.
Gulati, G, Whelan, D, Murphy, V, Dunne, CP, Kelly, BD (2020). The inherent jurisdiction of the Irish high court: interface with psychiatry. International Journal of Law and Psychiatry 68, 101533, doi: https://doi.org/10.1016/j.ijlp.2019.101533.
Health Service Executive (2019). National Consent Policy Version V.1.3. Dublin, Ireland. (https://www.hse.ie/eng/about/who/qid/other-quality-improvement-programmes/consent/national-consent-policy-hse-v1-3-june-2019.pdf) (accessed 1st October 2019)
Kelly, BD (2016). The Assisted Decision-Making (Capacity) Act 2015: what it is and why it matters. Irish Journal of Medical Science 186, 351356.
Medical Council (2016). Guide to Professional Conduct and Ethics for Registered Medical Practitioners, 8th Edition. Dublin, Ireland. (https://www.medicalcouncil.ie/News-and-Publications/Reports/Guide-to-Professional-Conduct-Ethics-8th-Edition.html) (accessed 1st October 2019)
Murphy, R, Fleming, S, Curley, A, Duffy, RM and Kelly, BD (2019). Convergence or divergence? Comparing mental capacity assessments based on legal and clinical criteria in Medical and Surgical Inpatients. Journal of Legal Medicine 39,3, 213227.
Oireachtas Library and Research Service (2017). Assisted Decision-Making (Capacity) Act 2015: how will it work? Dublin, Ireland. (https://data.oireachtas.ie/ie/oireachtas/libraryResearch/2017/2017-05-16_assisted-decision-making-capacity-act-2015-how-will-it-work_en.pdf) accessed 1st October 2019.
Ordinaire, L (2017). Who decides now and to what extent? A critical reading of the Assisted Decision-Making (Capacity) Act 2015. Hibernian Law Journal 16, 91106.
Fitzpatrick v. F.K. [2009] 2 I.R. 7
Re C. (Adult: refusal of medical treatment) [1994] 1 W.L.R. 290

Keywords

The changing face of Capacity legislation in Ireland: algorithms for clinicians

  • Valerie E Murphy (a1), Gautam Gulati (a2), Darius Whelan (a3), Colum P Dunne (a4) and Brendan D Kelly (a5)...

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