Mental Health Bill 2024: Committee Stage (Resumed)
Seanad Éireann — 2026-01-20
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Mary Butler (FF), Waterford

These provisions only apply in cases where a person is suspected of lacking capacity. If the clinician does not believe the person lacks capacity, the person must decide whether to accept the proposed treatment. Furthermore, if a person lacks capacity and has a relevant substitute decision-maker in place, that decision-maker can consent to or refuse treatment in his or her place. This is the direct application of the Assisted Decision-Making (Capacity) Act. We have tried to look at every single element in relation to that.
To reiterate, if a person has capacity, the issue does not arise. If the clinician does not believe the person lacks capacity, the person can decide. If a person lacks capacity and has a relevant substitute decision-maker in place, the person also has the support. The person can have that nominated decision-maker to support him or her at any time in relation to the type of support he or she may require.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-01-20/debate/main
Retrieved: 2026-08-14T04:54:31+00:00
Sitting date: 2026-01-20