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Research The Law- Outline The Current Law In Relation To Wards Of Court And Enduring Powers Of Attorney For Adults With Disabilities

You are required to research the law of Capacity – Decision Making and answer the following questions:-

  1. Outline the current law in relation to Wards of Court and Enduring Powers of Attorney for adults with disabilities.
  2. Discuss perceived shortfalls of the current legal regime.
  3. Outline changes to the current regime as provided for in the Assisted Decision Making (Capacity) Act 2015, which will come into effect once the provisions of the Act are commenced.
  4. Do these changes adequately address the shortfalls you discuss at 2. above? Explain your answer. 

ISSN 1393 – 3140

 THE LAW REFORM COMMISSION

Background

The Law Reform Commission is an independent statutory body whose main aim is to keep the law under review and to make practical proposals for its reform.  It was established on 20 October 1975, pursuant to section 3 of the Law Reform Commission Act 1975.

The Commission’s Second Programme for Law Reform, prepared in consultation with the Attorney General, was approved by the Government and copies were laid before both Houses of the Oireachtas in December 2000.  The Commission also works on matters which are referred to it on occasion by the Attorney General under the terms of the 1975 Act.

To date, the Commission has published seventy one Reports containing proposals for reform of the law; eleven Working Papers; thirty sixConsultation Papers; a number of specialised Papers for limited circulation; An Examination of the Law of Bail; and twenty five Annual Reports in accordance with section 6 of the 1975 Act.  A full list of its publications is contained in the Appendix to this Consultation Paper.

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