Clear Direction for Those Working With Vulnerable Patients in Our Health Services

A one-day conference

Royal Marine Hotel,
Dun Laoghaire, Co. Dublin

Date: 14th June 2018

The Assisted Decision Making (Capacity) Act has been signed into law and it applies to everyone in all 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 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 do just that and delegates will leave this conference with a better understanding of the act, how it will affect your day to day operations and what key points you need to focus on implementing going forward.

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.




Registration with tea, coffee and pastries


Chairperson Opening Remarks & Overview
Áine Flynn, Director of the Decision Support Service in the Mental Health Commission

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


Speaker: Mary Kirwan, Barrister & Lecturer RCSI

  • Understanding Capacity
  • Who does the act apply to – who is the relevant person (RP)
  • Assessing and supporting Capacity
  • Power of court to make declarations as to capacity
  • Review of declaration
  • The Guiding Principles of the Act
  • Intervention


Assisted Decision Making, Decision Making representative & Co-Decision Making
Speaker: Sophie Honohan BL, The Law Library

Assisted decision-making:

  • Difference between co-decision and assisted decision-making
  • The decision-making assistance agreement
  • The decision-making assistant


  • The role of a co-decision-maker
  • The co-decision-making agreement and its registration
  • Variation and termination of agreement and change(s) in capacity
  • The interplay with the Director of the Decision Support Service
  • Complaints and offences in relation to co-decision-making
  • Nullity – Role of director where nullity occurs

Decision Making Representative


Consent – How will consent change?
Speaker: Asim A. Sheikh, practising Barrister, specialising in medical negligence and medical law.

  • How the 2015 Act will change consent in Medical Practice
  • Examine Fundamental changes brought by the Guiding Principles
  • Examine what the legal rationale will potentially be in relation to the measurement of capacity
  • will look at relevant UK case law by way of examples and learning points
  • will look at case vignettes of practice to look at how consent will change
  • will give practical tips to practitioners in relation to changes in practice
  • Guiding principles


Coffee break and chance to network


Review of Wards of Court
Speakers: Áine Hynes, St. John Solicitors

  • Arrangements and timeframes for review of existing Wards of Court.
  • The process for transfers of Wards of Court to the new system.
  • How existing wards will be dealt with under new system
  • Exceptions/Reservations
  • Deprivation of liberty and wards of court
  • Transition to the new arrangements if person lacks decision-making capacity
  • Suitability of existing committees
  • Entitlement to legal aid and legal representation


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

  • 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.


Advanced Healthcare Directives
Speaker: Deirdre Shanagher, Development Officer, The Irish Hospice Foundation

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


Lunch and chance to network


Applications to court
Speaker: Nicola Carroll, Barrister-at-Law, The Law Library


Implications of the legislation in practice
Speaker: Caoimhe Gleeson, HSE National Programme Lead- Assisted Decision Making

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


Speaker Panel Q&A Session

Participants to include:

Áine Flynn, Director of the Decision Support Service in the Mental Health Commission

James Gorman, Finance Manager, HSE PPPA & Fair Deal Finance Unit

Eleanor Edmond, Consultant providing training and policy advice in areas of advocacy, human rights and capacity


Conference Close

There will be 6 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


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.

Áine Flynn

Áine Flynn

Director of the Decision Support Service in the Mental Health Commission

Áine Flynn graduated in law from Trinity College Dublin and completed a research Masters in criminology and criminal justice policy.

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She was admitted as a solicitor in 1999 and from 2012-2017 was a senior partner in KOD Lyons, a firm specialising in public interest law, including disability and equality law. She was on the panel of legal representatives of the Mental Health Commission and the Mental Health (Criminal Law) Review Board from their inception in 2006 and also represented detained Wards of Court instructed by the General Solicitor. She has written and lectured on human rights and has been a member of the Human Rights Committee of the Law Society since 2012. Prior to her present appointment, she was a member of the Law Society’s Mental Health and Capacity Task Force.

In October 2017, she commenced in post as Director of the Decision Support Service within the Mental Health Commission.

Mary KirwanMary Kirwan

Barrister and Lecturer RCSI

Mary is a barrister and lecturer at the Royal College of Surgeons in Ireland.

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She teaches medical law on the undergraduate and postgraduate Ethics programme in the RCSI.

She is a dissertation director for the MSc Healthcare Ethics and Law course and provides training seminars in hospitals on medico/legal issues.
Mary Kirwan is a graduate of the National University of Ireland Galway and the Honorable Society of Kings Inns.

Mary is also a winner of the Law Society of Ireland Justice Media Award for her writing on current legal topics. She has written extensively in the area of law, including a weekly legal column in the Irish Independent, and is a frequent legal contributor in national and local broadcast media, including RTE’s Prime Time.

Mary is currently a member of a number of committees including a Research Ethics Committee, an Ethics Committee and an Advisory Panel.
Mary provides expert legal advice to various organisations on a voluntary basis and previously worked with the Legal Aid Board.

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.

Asim A. Sheikh

Asim A. Sheikh

Barrister-at-Law, The Law Library

Asim A. Sheikh is a practising barrister specialising in clinical  negligence and medical/healthcare law.

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He is also part-time Lecturer in  Legal Medicine, at Forensic and Legal Medicine, School of Medicine and Medical Science, UCD. He practices, lectures and has published widely on aspects of  medical law. He also lectures in the RCSI and occasionally in TCD and the  Law Society. He is a member of the National Advisory Council on Bioethics  and is Editor of the Medico-Legal Journal of Ireland.

Sophie Honohan

Sophie Honohan

BL, The Law Library

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

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She has a mixed civil practice including experience in health law. In addition to her professional qualification she holds a degree in business and law from University College Dublin and is an accredited mediator. She is presently undertaking work in connection with the Commission of Investigation into Mother and Baby Homes. 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 works for the Irish Reports published by the Incorporated Council of Law Reporting for Ireland and is an adviser at the Free Legal Advice Centres.

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.

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.

Royal Marine Hotel, Dun Laoghaire, Co. Dublin

Booking 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

CMG Events Conference Discount

  • 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.

Tel: 01 293 4764


   Telephone:+353 1 2933650

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