Urgency is required in the approach to commence the Assisted Decision Making Act in light of the current pandemic, a North Clare representative has highlighted.
An ongoing review of the Mental Health Act 2001 is being conducted by Minister of State for Mental Health and Older People, Mary Butler TD (FF) and will take into account the Assisted Decision Making Act which was signed into law in December 2015. Over six years from the signing of the Act, Cllr Susan Crawford (GP) called on Clare County Council to press the Government to lead its commencement.
Speaking at a recent meeting of the local authority, she detailed that the Act would support decision-making and maximise a person’s capacity to make decisions. Under the Act, the Wards of Court system is abolished with the Lunacy regulations governing this system repealed. “It provides for legally recognised decision-makers to support a person maximise their decision making powers. It places a legal requirement on service providers to comprehensively enable a person make a decision through the provision of a range of supports and information appropriate to their condition,” Crawford explained.
“This is very relevant and particularly in the current time we now find ourselves that many people through ill health, acute injuries or brain injuries may lack the ability to make decision about their welfare, we need this Act brought into being on behalf of all these people,” the Miltown Malbay woman outlined. She described it as “entirely inappropriate to refer to people under the Lunacy Act”. Susan concluded, “we must treat all people equally with respect in relation to their decision making” and warned, “we are all but the flick of a switch away from incapacity”.
Support for the implementation of the act was voiced by Cllr Shane Talty (FF). “It is an issue that can strike any family overnight, it can have devastating effects on families and strangle a person’s assets for months on end”.
Quin native, Cllr Clare Colleran Molloy (FF) felt it was “not acceptable” that little progress had been made with the Assisted Decision Making Act in more than five years. This sentiment was reiterated by Cllr Ann Norton (IND), “it is such a pity that here we are in 2021 and this was changed in 2015 and it hasn’t actually happened yet”. She felt the word lunacy should no longer appear in the dictionary.
Constitutional rights of individuals must be protected, Cllr Johnny Flynn (FG) said with Cllr Donna McGettigan (SF) and Cllr Joe Killeen (FF) also backing the motion.
