THE ASSISTED DECISION-MAKING (CAPACITY) ACT 2015 IN THE COURTS: HEARING THE VOICE OF THE RELEVANT PERSON

The Assisted Decision-Making (Capacity)Act 2015 (hereafter the 2015 Act)constitutes a decisive shift in legal responses to people whose capacity is in question, requiring greater support for decision-making, an amplification of the relevant person’s voice, and increased respect for their will and preferences even if they are found to lack decision-making capacity. Although much of the operation of the 2015 Act happens outside of the courts, judicial proceedings also play a central role. This article is concerned with the role of the relevant person’s voice in such proceedings. It identifies efforts being made by judges to ensure that the relevant person’s voice is heard but also recognises some of the challenges that can arise in delivering on this. It identifies the need for further resourcing to support the voice requirements in the Act, including better access to independent advocacy, and for enhanced guidance for courts and legal practitioners.