The Envelo cushion provides excellent pressure redistribution and comes as standard on all Seating Matters chairs, meeting the clinical needs of most clients.
Seating Matters specialises in clinical, therapeutic seating solutions designed to improve patient care and safety, offering products for pressure injury prevention, postural support, and mobility assistance in healthcare settings.
Understanding the Assisted Decision-Making (Capacity) Act 2023 in Ireland and what it means for my loved one.
10th January, 2025
Individuals who suffer from mental health issues, dementia, acquired brain injury, or intellectual disability, for instance, may find it challenging to make judgments. This blog discusses important aspects of the Assisted Decision-Making (Capacity) Act 2023 and what this means for clinicians, families and the people we care for.
The Assisted Decision-Making (Capacity) Act (the 2015 Act) was initially signed into law in December 2015. It was amended by The Assisted Decision-Making (Capacity) (Amendment) Act 2022, which went into effect on April 26, 2023.
The Assisted Decision-Making (Capacity) Act 2023 enables people to enter into formal agreements regarding how they will be assisted in making decisions regarding their own affairs, property, and well-being.
If you are unable to make decisions on your own, either now or in the future, these new rules might be helpful.
The ability to comprehend the decision-making process, its nature, and its implications in relation to the available options is known as capacity. You are always assumed to have capacity.
For us clinicians, this can be confusing at times. To recognise when people have capacity to make decisions on their care and when they require extra support. The new law lays out a useful standard for determining capacity. This implies that the decision that needs to be made at that moment determines how capable you are of making it. In general, your ability to make decisions is not diminished.
Your capacity may fluctuate with time, therefore you may require more or less assistance in the future, as acknowledged by the capacity test.
You lack capacity of making a particular choice if you can't:
Recognise the information that is pertinent to the choice.
Retain information long enough to make an informed, voluntary decision.
Use and analyse information as part of your decision-making process and communicate your wishes.
You do not lack capacity just because you:
You require information to be presented to you in a manner that is appropriate for your situation.
Can only remember essential information for a little amount of time.
Lacked capacity to make a certain choice at one point, but you might now be able to do so
You only have capacity when making decisions on some issues, but not others.
Since 26 April 2023, applications for adults to become a ward of court can no longer be made. Instead, this Act has created new arrangements for supporting people with reduced capacity when making decisions:
A Decision-Making Assistant can be appointed by a person to gather and explain information and communicate a decision for them. However, the person still ultimately makes the decision.
A Co-Decision Maker can be appointed by a person to make decisions jointly with them. This arrangement can be used where a person feels unable to make decisions on their own.
A Decision-Making Representative can be appointed if a person is unable to make decisions, even with help. This person is appointed by the Court and can be someone trusted by the person, or from a panel maintained by the Decision Support Service (DSS). Their role is limited to the specific requirement identified by the Court and must take into account the wishes, values and beliefs of the person. It is registered with the DSS and the Representative reports to the DSS.
When a person has decision-making capacity they may legally appoint a person to make decisions on their behalf, if in the future they are unable to do so. This is known as an appointing an Enduring Power of Attorney (EPA). An EPA includes financial, property and personal welfare decisions.
For healthcare decisions, a person may appoint a Designated Healthcare Representative (DHR) for if in the future they no longer have decision-making capacity. In appointing a DHR, the person sets out their preferences for healthcare and treatment decisions.
In practice, it is family members and caregivers who usually make daily choices for those who lack capacity, including financial decisions. However, there is no legal authority for adults to make such decisions without a support arrangement in place, and the individual making the decision has no protection.
Therefore, the most probable individuals to implement this legislation by taking on the position of a decision supporter are the friends and family who provide care for an individual because of their disease, frailty, disability, mental health issue, or addiction.
Clinical seating plays a crucial role in maintaining individual autonomy and respecting a person's rights by providing tailored support that accommodates each individual's unique needs and preferences. By offering adjustable and customizable seating options, Seating Matters
chairs empower individuals to make choices about their comfort and positioning, which is essential for promoting independence. This approach not only enhances physical well-being but also fosters a sense of dignity and self-determination. Furthermore, Seating Matters clinical seating solutions are designed with user input in mind, ensuring that individuals have a voice in their care and are treated with respect. By prioritising both functionality and personal choice, clinical seating upholds the rights of individuals to participate actively in their own health and wellness journey.
Find us at www.SeatingMatters.com
to browse our product range and to get in touch with our experienced occupational therapists on helping you find the right searing solution for you.
