The Assisted Decision-Making (Capacity) Act 2015: Implications for Healthcare Decision-Making

Abstract

This article explores the implications of the Assisted Decision-Making (Capacity) Act 2015 for healthcare decision-making. It begins by outlining the current legal framework and some of the practices which have developed in order to address gaps in this framework. It then examines the context for the 2015 Act, the extent to which it changes existing legal frameworks, and the structures for its delivery. This is followed by a detailed analysis of the most significant aspects of the 2015 Act relevant to healthcare decision-making. These are: the role of capacity; the replacement of a ‘best interests’ decision-making standard with a principles-based approach; the introduction of formal support roles; the introduction of new and extended forms of substitute decision-making; and, the introduction of mechanisms for advance healthcare decision-making.