Literature Review on Provision of Appropriate and Accessible ...

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• Consent and capacity in specific contexts
• Structures
• The Office of Public Guardian
• Enduring powers of attorney.
<strong>Literature</strong> <strong>Review</strong> on Provision of Appropriate and Accessible
Support to People with an Intellectual Disability who are
Experiencing Crisis Pregnancy
2.5.1 Guiding principles
The Scheme of Mental Capacity Bill contains a number of guiding
principles to assist both the court and persons making a decision on
behalf of an adult who lacks capacity: [26]
• Presumption of capacity: In Irish law, as in many other
jurisdictions, there is a presumption that adults have capacity,
which can be removed only if there is clear evidence that the
person lacks the necessary capacity.
• No intervention is to take place unless it is necessary, having
regard to the needs and individual circumstances of the person,
including whether the person is likely to increase or regain
capacity.
• A person will not be treated as unable to make a decision unless
all practicable steps to help him/her to do so have been taken
without success.
• A person is not to be treated as unable to make a decision merely
because she/he makes an unwise decision.
• Any act done or decision made under the Bill must be done or
made in the way which is least restrictive of the person’s rights
and freedom of action.
• Due regard must be given to the need to respect the right of a
person to her/his dignity, bodily integrity, privacy and autonomy.
26 The Private Members’ Bill also contains guiding principles at Section 4. The
presumption of capacity is not set out as a guiding principle in The Private
Members’ Bill but is contained in Section 6.