Byrne Wallace Shields LLP Host DSBA Seminar on 3rd year anniversary of Assisted Decision-Making (Capacity) Act 2015 (ADMCA)

Byrne Wallace Shields LLP was delighted to host the Dublin Solicitors Bar Association (DSBA) Seminar on the Assisted Decision-Making (Capacity) Act 2015 (ADMCA) discussing challenges a little over three years after the Act was fully commenced.

Following opening remarks by the President of the High Court Mr Justice David Barniville, practitioners with significant expertise and experience in the ADMCA, discussed the impact of the ADMCA on vulnerable persons and the law in relation to capacity since 2023.

This is a fast-moving area of law which continues to see a significant number of important judgments from the Courts. The ADMCA was a landmark piece of legislation which is of relevance to all areas of law and practice where capacity issues may arise, from healthcare law, to conveyancing, litigation, wills etc. It is an area which no legal practitioner can afford to ignore.

This seminar included:

• A presentation by two of our partners Olive Doyle and Patrick McClean on key recent cases in the area. There was a very insightful and engaged discussion by attendees on a case study.
• Áine Hynes SC, a partner in St John Solicitors and chair of the Law Society Mental Health Law and Capacity Taskforce provided updates and discussed the role of the Decision-Making Representative under the ADMCA.
• Áine Flynn, Director of the Decision Support Service provided insights and updates on the DSS and its functions.
• Marie-Claire Butler, General Solicitor for Minors and Wards of Court, spoke about the ongoing discharges from wardship of wards into new legal arrangements.

The seminar was well-received by all present provoking interesting discussion.

For advice or further information on the Assisted Decision Marketing (Capacity) Act 2015, please contact Olive Doyle or Patrick McClean from our Health and Social Care Team.