Legislative amendments to Part 6 of the Assisted Decision-Making (Capacity) Act 2015

The Department of Children, Disability and Equality is bringing forward legislative amendments to Part 6 of the Assisted Decision-Making (Capacity) Act 2015 as it relates to Wardship.

The 2015 Act was commenced on April 26th 2023 and provides that all adult wards of court should have their capacity reviewed within three years from the date of commencement i.e. by 26th April 2026. Although there has been significant progress in achieving this, not all wards have had their capacity reviewed. Amendments to the legislation are therefore required to remove any uncertainty for those still in wardship arrangements, and to allow the courts to extend the deadline where there is good reason to grant such an extension and where it is in the interests of justice to do so.

The Assisted Decision-Making (Capacity) (Amendment) Bill 2026 will give the Court discretion to extend the deadline for the making of a declaration of capacity where it has not been granted in respect of a ward by April 26th 2026. A further extension may be granted in exceptional circumstances, however the total limit for any extension(s) is 18 months. This means that all wards of court will have a capacity declaration no later than 25th October 2027.

The Bill will also give the High Court the discretion to extend the time period for making a capacity declaration for wards who will reach the age of 18 after the 26th of October 2025. The total limit for any such extension(s) is 18 months.

The General Scheme and Draft Heads of the Assisted Decision-Making (Capacity) Bill 2026 can be viewed here. These are subject to change as amendments may be made throughout the formal drafting process.