In this section we provide information and resources on capacity. In broad terms, this refers to a person’s capacity to make decisions for themselves; the laws in respect of capacity; how people can be supported to make decisions and other related areas.

• Inclusion Ireland Capacity Factsheet

Reasons person admitted to wardship in 2010

115 people with an intellectual or learning disability were made Wards of Court in 2010. More statistics are available in the Annual Report from the Courts Service - CLICK HERE

• UN Convention on the Rights of Persons with Disabilities

• Law Society of Ireland

• Department of Justice, Equality and Law Reform
• Open Society Mental Health Initiative

Inclusion Ireland Capacity Seminar - November 2007

• Webpage

• Presentation from Máirín McCartney (Solicitor and Inclusion Ireland Board Member): "Legal Capacity, Supported Decision-Making, Subsitute Decision-Making and Guardianship"

• Presentation from Michael Bach, Vice President Canadian Association for Community Living: "Supported Decision Making under Article 12 of the UN Convention on the Rights of Persons with Disabilities - Questions and Challenges"

Inclusion Ireland Roundtable on Capacity - August 2009

• Webpage

• Michael Bach's presentation

NDA Conference on Capacity - February 2009

• Presentation by Deirdre Carroll, Inclusion Ireland CEO:"Scheme of Mental Capacity Bill 2008, and Article 12 of the UN Convention on the Rights of Persons with Disabilities: Questions and Challenges "
  • Slides from presentation

Law and Mental Health Conference - NUI Galway November 2007

• Presentation from Dr Mary Keys: “Capacity –whose decision is it anyway?”

European Foundation Centre - Consortium on Human Rights and Disability: Seminar on Legal Capacity June 2009

• Presentation by Gerard Quinn, Director, Centre for Disability Law & Policy, National University of Ireland Galway

HPOD Conference, Harvard Law School, 20 February, 2010.

• ‘Personhood & Legal Capacity, Perspectives on the Paradigm Shift of Article 12 CRPD.’ - Gerard Quinn, NUI Galway
• Maximizing Decision-making capabilities for the exercise of legal capacity, Michael Bach - Canadian Association for Community Living

Inclusion International Conference at the University of British Columbia,Vancouver, Canada - April 2011

• Gerard Quinn: ‘Rethinking Personhood: New Directions in Legal Capacity Law & Policy’ 

• Law Society Consulation on Vulnerable Adults and the Law: Capacity (2005)

• Law Reform Commission Report: Vulnerable Adults and the Law (2006)

• Law Society of Ireland: Enduring Powers of Attorney - Guidelines for Solicitors (2004)

• Amnesty International: Capacity Legislation and ratification of the Disability Convention (2009)

• 'An Ideas Paper' by Gerard Quinn, NUI Galway (2009)

• Scheme of Mental Capacity Bill published by Department of Justice September 2008

• Submission by Law Society to The Department of Justice, Equality and Law Reform on Scheme of Mental Capacity Bill 2008

• National Disability Authority (NDA) Submission on Capacity and Sexual Relations in the context of the Mental Capacity Scheme of Bill - April 2009

• Observations from Inclusion Ireland on Scheme of Mental Capacity Bill 2008

• Submission from the College of Psychiatry of Ireland to the Department of Justice, Equality and Law Reform on the Proposed Capacity and Guardianship Legislation

Dáil Debates and Parliamentary Questions on Capacity - Inclusion Ireland Website

Inclusion Ireland

UK

• Mental Capacity Act UK (Easy to Read)

• Office of the Public Guardian (UK)

• The Independent Mental Capacity Advocate (IMCA) Service produced booklets on Making Decisions following new Capacity legislation in the UK:
  • ...about your health, welfare or finances - Who decides when you can’t?
  • A guide for family, friends and other unpaid carers
  • A guide for people who work in health and social care
  • A guide for advice workers
  • The Mental Capacity Act - Helping and supporting people who are unable to make some decisions for themselves (Easyread)
  • The Independent Mental Capacity Advocate (IMCA) service