The terminology and concepts used in the existing legislation of 1871 are inappropriate to the modern understanding of mental illness and legal capacity. The Wards of Court system is regarded as unsuited to modern conditions and incapable of coping with projected demographic growth and increased need for the management of the affairs of persons who lack capacity. The Bill proposes replacement of the Wards of Court system with a modern statutory framework to support persons with impaired decision-making ability. I envisage that the title of the Bill, The Assisted Decision - Making (Capacity) Bill, will reflect this approach. The Bill is at an advanced stage of drafting and work is ongoing to properly align the provisions of the Bill with the principles contained in the UN Convention on supporting people with impaired capacity in making decisions and exercising their basic rights. The Programme for Government contains a commitment to introduce a Bill that is in line with the UN Convention on the Rights of Persons with Disabilities.
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