The Interpretation and Application of the Assisted Decision-Making (Capacity) Act (2015)

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Project

Location:

School of Law, University of Limerick

Project Leader:

Dr. John Lombard

Contact:

John.Lombard@ul.ie

What we're doing:

The Assisted Decision-Making (Capacity) Act 2015 enables individuals to make legally binding agreements to be assisted and/or supported regarding decisions about their care. This assistance and/or support may be needed in circumstances where an individual has lost the capacity to make decisions on their own. This project examines the Assisted Decision-Making (Capacity) Act 2015 and outlines the key issues it raises for individuals wishing to make arrangements for assisted decision making and care. The intention is to outline the implications of the Act in an accessible and clear way for both healthcare professionals and patients. In order to do this, the project outlines a number of hypothetical clinical scenarios which might involve the application of the ADM(C) 2015 and discusses the legal and ethical challenges in the context of hospice, day care, and nursing home care.

Why are we doing it:

The Assisted Decision-Making (Capacity) Act 2015 significantly re-shapes the legal framework for healthcare decision-making in Ireland. The scale of the changes raise substantial practical challenges for healthcare professionals and patients effected by the legislation. This project is a first step in addressing and unpacking what the legislation will mean at the local level. This is an opportunity for students to engage in research which draws on the skills they have acquired over the course of their degree and implement them in a manner which has a real impact and which benefits stakeholders in the local community.

Who we're working with:

Milford Care Centre

How well are we doing:

The project is guided by an advisory team of professionals and care-givers in Milford Hospice, who will review the work and provide feedback. The project is covered by ethical guidelines set out by the University Ethics committee and will be assessed, in terms of its utility for our community partners, on the basis of the final report produced and, in terms of its pedagogical impact on our students, via continuous reflective feedback submitted by students.

Learning

Module Code:

BR4104

Credits:

6 ECTS

Practicum Placements:

Faculty:

Arts, Humanities and Social Sciences (AHSS)

Department:

School of Law

What will you do on this practicum?:

This project will result in the production of a detailed report on the interpretation and application of the Assisted Decision-Making (Capacity) Act 2015. The report will be composed of two main sections. The first section will serve as an introduction to key roles/issues in the application of the ADM(C) Act 2015. These issues will be explored from the perspective of the practitioner and the patient. The second section will be based on several clinical scenarios which students will analyse in the context of the ADM(C) Act 2015

Why will you do this work?:

This work is motivated by the introduction of the Assisted Decision-Making (Capacity) Act 2015. It is a substantial piece of legislation which introduces many new elements to healthcare decision-making in Ireland. It is therefore essential that this legislation is unpacked and explained in a manner which is accessible to both the healthcare professional and the patient.

Who will you be working with?:

Milford Care Centre

How will your work be evaluated?:

The project will be assessed on the basis of the final report produced as well as the reflective journals submitted by students. The final report will comprise a exploration of the interpretation and application of the Assisted Decision-Making (Capacity) Act 2015, comprising two main sections. The first section will serve as an introduction to key roles/issues in the application of the ADM(C) Act 2015. These issues will be explored from the perspective of the practitioner and the patient. The second section will be based on several clinical scenarios which students will analyse in the context of the ADM(C) Act 2015.

Research

Project Keywords:

Law, health, capacity, medicine

What is the research associated with this project?:

The research will focus on issues of capacity and decision-making frameworks. The research can be broadly split into two distinct categories. First, key terms and issues in the legislation are defined and explained in an accessible plain-English manner. The second element of the research focuses on clinical scenarios which students will be required to analyse, discuss, and provide guidance on. This will prove a valuable introduction to the multifaceted nature of clinical decision-making.

Why is this project necessary?:

The project is necessary as the legislation will have a significant impact on healthcare decision-making in Ireland. It is essential that key concepts are unpacked and explained in a way which all relevant stakeholders can engage with. The use of clinical scenarios will also allow for broader issues to be flagged in a timely manner which will allow action to be taken to ensure all legal and ethical requirements are satisfied.

Who is collaborating on this project?:

Milford Care Centre

How is this project being evaluated?:

The project will be assessed on the basis of the final report produced as well as the reflective journals submitted by students.

Partners

School of Law

Partner Logo/Image:

The School of Law prides itself on providing an innovative, enriching, student-centred learning environment for our 700 or so students. The School’s internationally recognised staff provide excellent tutelage in a friendly, open atmosphere. The School’s undergraduate programmes (Law Plus, and Law and Accounting) have always been interdisciplinary in nature, and all our students undertake a six to eight month pioneering clinical placement as an integral part of their education. This long and sustained commitment to ‘law in action’ has ensured that students get vital clinical experience with prestigious employers. Such clinical experiences contribute to the educational journey of our students and also greatly enhance their employability. The School of Law has a long tradition of committing ourselves to developing the transferrable skills of students through projects such as Advanced Lawyering and Moot Court, and through cutting edge core modules such as Alternative Dispute Resolution. Moreover, we have fostered strong international links and it is possible for our students to undertake placements in Canada and the US. Our students can spend a full academic year in a European university in Malta, Cyprus, Greece, Italy, and the Netherlands. We also have links with universities in Germany, France and Spain where subjects are taught through the native language. We have a very vibrant international student body in the School of Law.

Website:

http://www.ul.ie/law

Phone:

353 61 202682

Milford Care Centre

Partner Logo/Image:

“Milford Care Centre is not just a Hospice Inpatient Unit, we provide multiple services to our community. These include Hospice at Home services, a Nursing Home, Day Care for both the Older Person and people with palliative care needs. We also offer Bereavement Support for families. Our staff work in conjunction with other health care professionals in the community.”

Dr. Martina O'Reilly, Head of Education, Research and Quality

Website:

http://www.milfordcarecentre.ie

Email:

info@milfordcarecentre.ie

Phone:

353 (0)61 485 800

Resources

Project Category:

Civic

Engaged Scholarships

Health & Wellbeing