Clear direction for those working with patients who require assistance in exercising their decision making capacity

A one-day conference

Royal Marine Hotel,
Dun Laoghaire, Co. Dublin

Date: 21st November 2018

The Assisted Decision Making (Capacity) Act 2015 has been signed into law and partially commenced. It applies to everyone but is particularly relevant to people working in health and social care services.  The Act is about supporting decision making and maximising a person’s capacity to make decisions. Now is the time to start preparing staff and services for full commencement and provide guidance for staff on what the Act will mean for day to day practice.

6 CEU Points Certified By Nursing & Midwifery Board of Ireland (NMBI)

Book your place now!

This one day conference aims to ensure that and delegates will leave this conference with a better understanding of the Act, how it will affect your day to day practice and what are the key points you need to focus on in the implementation of the act.

This conference will be of interest to all professionals working in our healthcare services including nurses, directors of nursing, social care workers, home care providers, carers, nursing homes, hospices, consultants, GP’s, regulators, associations, researchers and universities.

Time

Description

8.15

Registration with tea, coffee and pastries

8.50

Chairperson Opening Remarks & Overview
Eleanor Edmond, Consultant providing policy advice in the areas of advocacy, human rights and capacity

  • Why it is needed. What is hoped to be achieved.

9.00

Capacity

  • Introduction to and Purpose of the Assisted Decision-Making (Capacity) Act 2015
  • Guiding Principles of the ADM Act 2015
  • Understanding Capacity- Who does the Act Apply to, who the relevant person is
  • Assessing and supporting Capacity
  • Review of declaration- Power of court to make declarations as to capacity
  • Intervention
  • Vignettes and case studies

Consent

  • How consent will operate under the ADM Act 2015 Guiding Principles
  • Who can assess capacity when acquiring consent
  • A look at relevant UK case law

Speaker: Louise Loughlin, National Manager, National Advocacy Service for People with Disabilities

9.40

Protection of liberty Safeguards / Wards of Court

  • The process for the discharge of wards of court from wardship
  • Transition to the new arrangements if person lacks decision-making capacity
  • Deprivation of liberty safeguards for those who lack decision making capacity
  • Decision making capacity under the Mental Health Act 2001
  • Exceptions/Reservations
  • Suitability of existing committees
  • Entitlement to legal aid and legal representation

Speakers: Áine Hynes, St. John Solicitors

10.20

Assisted decision-making & co-decision-making

  • Co-decision-making
  • Assisted decision-making

Speaker: Sophie Honohan, Barrister-at-Law, Law Library

11.00

Coffee break and chance to network

11.30

Applications to court

  • Legislative framework: Part V of the 2015 Act
  • Who can apply?
  • Practice and procedure for application to Court – Powers of Court to make declarations as to capacity – Review of declarations as to capacity by Court
  • Application of guiding principles
  • Ancillary Orders – Scope of Orders relating to property and affairs
  • Decision Making Representatives: eligibility, appointment and disqualification –performance of functions; remuneration; restrictions
  • Role of Court in complaints process under s.47: determinations and appeals
  • Interim Orders

Speaker: Nicola Carroll, Barrister-at-Law, The Law Library

12.15

Implications of the legislation in practice

  • Supported Decision Making – Decision making in the absence of capacity – The challenge of unwise decisions – Unwise decisions and safeguarding
  • Functional assessment of capacity – Challenging current culture
  • The guiding principles in operation
  • Immediate system changes required

Speaker: Caoimhe Gleeson, HSE National Programme Lead- Assisted Decision Making

1.00

Q&A Session

1.15

Lunch and chance to network

2.00

Advanced Healthcare Directives

  • Implications for health and social care professionals
  • Advanced care planning – Making an advance healthcare directive – Effect of advance healthcare directives
  • Validity and applicability
  • Designated healthcare representative
  • Draft Codes of practice

Speaker: Deirdre Shanagher, Development Officer, The Irish Hospice Foundation

2.40

Enduring Powers of Attorney

  • Requirements when creating an enduring power of attorney
  • Who is suitable to be an attorney or is ineligible or disqualified from being an attorney?
  • What is the scope of the authority that a person may give an attorney?
  • Registration requirements and effect of registration.
  • Reporting obligation of an attorney and the role of the Director of the Decision Support Service.
  • Offences in relation to enduring powers of attorney.

Speaker: Patricia Rickard-Clarke, Solicitor & Chair of the National Safeguarding Committee

3.20

Speaker Panel Q&A Session

Participants to include:

  • Eleanor Edmond, Consultant providing policy advice in the areas of advocacy, human rights and capacity
  • James Gorman, Finance Manager, HSE PPPA & Fair Deal Finance Unit

3.45

Conference Close

There will be 5 structured CPD points awarded to all attendees at this conference from the CPD certification service & 6 CEU Points Certified By Nursing & Midwifery Board of Ireland (NMBI)

Patricia Rickard-Clarke

Patricia Rickard-Clarke

Solicitor & Member of the Multi-Disciplinary Group drafting codes of practice for Advance Healthcare Directives

Patricia Rickard-Clarke is a solicitor and former Commissioner of the Law Reform Commission. 

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She is the Chair of the National Safeguarding Committee, Chair of SAGE Advocacy clg – Support and Advocacy Service for Vulnerable adults and Older People and Chair of the Law Society’s Mental Health and Decision-Making Capacity Task Force.  She is a member of the HSE’s National Assisted Decision-Making (Capacity) Act Steering Group preparing for the implementation of the Assisted Decision-Making (Capacity) Act 2015 and a member of the National Disability Authority’s Expert Group developing the non-health care codes of practice for the 2015 Act.

Nicola Carroll

Nicola Carroll

Barrister-at-Law

Nicola Carroll is a graduate of Trinity College Dublin, the Honorable Society of King’s Inns and the Law Society of Ireland.

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She was called to the Bar in 2009 and is also a member of the Society of Trust and Estate Practitioners (STEP). She practises in the areas of probate, succession and regulatory law and advises clients on lifetime and estate planning as well as the administration of trusts and estates.  She has acted for a number of petitioners in wardship applications in the High Court.

Deirdre Shanagher

Deirdre Shanagher

Development Officer, Irish Hospice Foundation

Deirdre is currently working with the Irish Hospice Foundation as a Development Officer.

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She is a registered general nurse who has worked with older people as a nurse and nurse manager. Deirdre obtained a BSc (Cur) general nursing in 2006, an MSc Gerontological nursing in 2011 and European Certificate in Palliative Dementia Care in 2014. Deirdre has served on the board of Care Alliance Ireland since 2014 and chairs the research sub-committee of that board. Her work with the Irish Hospice Foundation centres on advance care planning, the Palliative Care for All and Primary Palliative Care Programmes as well as supporting other projects linked to the healthcare team. Deirdre currently represents the Irish Hospice Foundation on the HSE National Advance Healthcare Directives Sub-group that was established to prepare recommendations for the Code of Practice for the Advance Healthcare Directive provisions of the Assisted Decision Making (Capacity) Act 2015.

Áine Hynes

Áine Hynes

Partner, St. John Solicitors

Áine Hynes is a Partner in St. John Solicitors.

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She has held the position of Chair the Irish Mental Health Lawyers Association, Chair of the Dublin Solicitors Bar Association Mental Health and Capacity Committee, and she sits on the Law Society Task Force on Mental Health and Capacity. She deals with vulnerable adults on behalf of the HSE in Wardship Applications and for those detained under the Mental Health Act and lectures regularly on capacity and mental health law.

Sophie Honohan

Sophie Honohan

Barrister-at-Law, Law Library

Sophie Honohan was called to the Bar of Ireland in 2010.

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She has a mixed civil practice with some criminal experience. She also lectures in Company Law. In addition to her professional qualification she holds a degree in business and law from University College Dublin and is an accredited mediator. As part of a group of barristers, Sophie received the human rights award at the Irish Law Awards 2014 for work with the Magdalen Commission. Sophie is a case reporter for the Irish Reports published by the Incorporated Council of Law Reporting for Ireland and has advised at the Free Legal Advice Centres for the last eight years.

Caoimhe Gleeson

Caoimhe Gleeson

HSE National Programme Lead- Assisted Decision Making

Caoimhe Gleeson is the National Programme Lead for Assisted Decision Making in the HSE.

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The HSE National ADM programme was established to prepare staff and services for the commencement of the Assisted Decision Making (Capacity) Act 2015. This work includes the development of guidance on the 2015 Act for health and social care staff, overseeing the drafting of the Codes on Advance Healthcare Directives on behalf of the Minister for Health, assessing the impact the 2015 Act will have on health and social care staff and service delivery, and the development of a suite of education and training tools. She is also National Specialist in Accessibility and has worked in the area of equality and human rights advocacy, policy and service development for a number of years in Ireland in relation to people with disabilities, the LGBTI Community and other diverse groups. She is also an accredited mediator within the HSE.

Before joining the H.S.E. she worked in Community Development with NUI, Galway in partnership with a wide variety of agencies and non-governmental organisations in the North West region of the Republic of Ireland and in Northern Ireland. She has also worked and volunteered on programmes relating to gender equality, youth work, intercultural education, conflict transformation and mediation, development of civil society and citizenship rights in El Salvador, Ghana, United States, Mongolia, Croatia and Bosnia-Herzegovina.

James Gorman

James Gorman

Finance Manager, HSE PPPA & Fair Deal Finance Unit

James Gorman is the Unit Manager of the HSE Fair Deal Finance Unit and Patients’ Private Property Central Unit.

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James has 30 years experience in the HSE. He worked in Midlands Mental Health and Community Services from 1987 – 1994, and was Assistant Management Accountant in the Midland Health Board between 1995 and 1996. Following this, he was Assistant Financial Accountant in the Midland Health Board between 1997 and 2003 and then Finance Manager in the Midlands Community Services between 2003 and 2014. He is currently the Unit Manager of the HSE Fair Deal Finance Unit and Patients’ Private Property Central Unit.

James’ current role involves managing a Finance Unit paying all public and private nursing units in Ireland for their Fair Deal support in respect of 23,000 patients in the amount of €80 million per month. He is also responsible for managing a Patients’ Private Property Unit which holds, invests and makes available as required €120 million to the 6000 patients in 154 public care centres around the country. James is National Finance Lead for the roll-out of the Assisted Decision Making Act

Eleanor Edmond

Eleanor Edmond

Consultant providing policy advice in the areas of advocacy, human rights and capacity

Eleanor is a freelance consultant delivering training and policy advice in the areas of advocacy, human rights and capacity since 2012.

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She is a qualified (non-practising) solicitor. From 2005-2012 she worked for the Alzheimer Society of Ireland in the area of advocacy and legal policy, developing and managing the first dementia-specific personal advocacy service in Ireland and leading the Alzheimer Society’s engagement with the consultation and drafting process which culminated in the Assisted Decision Making (Capacity) Act 2015. She is a member of the Alzheimer Society’s Expert Advisory Panel and the Research Ethics Committee of Acquired Brain Injury Ireland.

Louise Loughlin

Louise Loughlin

National Manager, National Advocacy Service for People with Disabilities

Louise Loughlin is the National Manager of the National Advocacy Service for People with Disabilities (NAS).

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NAS is a free, independent and confidential advocacy support service, funded and supported by the Citizens Information Board.
Louise is a Qualified Solicitor in Scots law and has expertise in the areas of advocacy and the rights of people with disabilities across three jurisdictions. Louise has a particular interest in capacity issues and safeguarding. Louise has acted for clients subject to involuntary detention under the Mental Health (Care and Treatment) (Scotland) Act and clients subject to the provisions of the Adults with Incapacity (Scotland) Act. Louise has worked with NAS since 2011, and has been national manager since 2016.

Louise is a member of the National Safeguarding Committee and the HSE Safeguarding Vulnerable Adults Policy Review Group. She is also a member of the NDA Expert Group on Codes of Practice for the Assisted Decision Making (Capacity) Act 2015.

Royal Marine Hotel, Dun Laoghaire, Co. Dublin

EARLY BIRD RATE €345 + VAT per Person – Normal Rate @ €445 + VAT.

Please note the early bird discount can close sooner than expected once a certain amount of seats fill up, therefore your prompt booking is strongly advised to avoid disappointment

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  • 10% discount for the third delegate booked or subsequent bookings thereafter from the same company.

The rate to attend includes morning tea/coffee and refreshments on arrival at registration, mid-morning tea/coffee and pastries and full buffet lunch. You will receive the speakers PowerPoint presentations within 24 hours after the event. 

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Early Bird Booking rate: €345.00 + VAT Normal Rate: €445 + VAT

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