Functional Capacity Assessment & the Assisted Decision-Making (Capacity) Act 2015

Module 1 – Introduction to the Assisted Decision-Making (Capacity) Act
Duration: 60 Minutes
• Background and development of the legislation
• Overview of the Assisted Decision-Making (Capacity) Act 2015 and subsequent amendments
• Purpose and scope of the legislation
• Human rights, autonomy and dignity
• Presumption of capacity
• Respecting an individual's will and preferences
• Key guiding principles of the Act
• Implications for healthcare, social care and related professional settings

Module 2 – Supported Decision-Making & Individual Rights
Duration: 45 Minutes
• Understanding supported decision-making
• Difference between supported and substitute decision-making
• The individual's right to make decisions others may consider unwise
• Promoting autonomy and independence
• Communication supports and reasonable accommodations
• Identifying barriers to effective decision-making
• Roles of family members, advocates and professional supporters
• Overview of decision-making assistance agreements, co-decision-making agreements and decision-making representation orders
• Introduction to enduring powers of attorney and advance healthcare directives

Module 3 – Understanding Functional Capacity Assessments
Duration: 75 Minutes
• Definition and purpose of functional capacity assessment
• Understanding capacity as decision-specific and time-specific
• Circumstances in which concerns about capacity may arise
• Distinguishing diagnosis, disability and decision-making capacity
• Understanding the four elements of the functional capacity test:
o Understanding information relevant to a decision
o Retaining that information long enough to make a voluntary choice
o Using or weighing relevant information when reaching a decision
o Communicating a decision by any means
• Recognising fluctuating capacity
• Supporting individuals before and during an assessment
• Maintaining a person-centred and proportionate approach
Practical Exercise: Participants review a case study involving an individual whose capacity to make a particular decision has been questioned.

Module 4 – Conducting & Documenting Functional Capacity Assessments
Duration: 75 Minutes
• Preparing for a functional capacity assessment
• Identifying the specific decision being considered
• Establishing appropriate assessment conditions
• Using effective communication techniques
• Providing information in accessible formats
• Exploring understanding, retention, use or weighing of information, and communication
• Considering relevant supports and accommodations
• Recording observations, evidence and assessment conclusions
• Maintaining appropriate records and confidentiality
• Professional accountability and ethical considerations
• Distinguishing functional assessments from formal statutory statements of capacity
• Recognising when specialist or multidisciplinary input may be required
Practical Exercise: Participants work through a structured case study using a functional capacity assessment framework and consider how findings should be documented.

Module 5 – Decision Support Service & Professional Responsibilities
Duration: 45 Minutes
• Overview of the Decision Support Service (DSS)
• Functions and responsibilities of the DSS
• Relevant DSS Codes of Practice
• Decision-support arrangements under the Act
• Responsibilities of healthcare and social care professionals
• Legal and ethical considerations
• Safeguarding while respecting individual autonomy
• Recognising conflicts, disagreements and complex decisions
• Referral pathways and specialist professional involvement
• Awareness of requirements relating to statutory capacity statements

Module 6 – Practical Application, Case Studies & Knowledge Assessment
Duration: 60 Minutes
• Applying the legislation in everyday professional practice
• Case studies involving healthcare decisions
• Scenarios involving residential care, personal welfare and financial decisions
• Identifying appropriate decision-making supports
• Applying the four elements of the functional capacity test
• Reviewing approaches to assessment documentation
• Managing complex professional situations
• Group discussion and facilitator feedback
• End-of-course knowledge assessment
• Questions and answers

Training Methodology
The programme uses an interactive, practical approach to learning, combining:
• Trainer-led presentations
• Facilitated group discussions
• Professional case studies
• Scenario-based learning exercises
• Structured functional assessment examples
• Practical exercises and knowledge checks
• Opportunities for questions and professional discussion

This course is designed for professionals working with adults who may require support with decision-making or whose decision-making capacity may need to be considered.

Healthcare Professionals
• Doctors and psychiatrists
• Registered nurses
• Occupational therapists
• Psychologists
• Speech and language therapists
• Mental health professionals
• Allied health professionals

Social Care & Disability Professionals
• Social workers
• Social care workers
• Disability support service managers
• Adult safeguarding professionals
• Residential and community care managers
• Professionals supporting individuals with intellectual disabilities or acquired brain injuries

Older-Person Care Professionals
• Directors of nursing
• Nursing home managers
• Dementia care professionals
• Community healthcare professionals
• Homecare managers and coordinators

Legal & Other Relevant Professionals
• Solicitors working in capacity, healthcare or elder law
• Legal professionals involved in decision-support arrangements
• Independent advocates
• Professionals involved in safeguarding and decision-making support

The practical assessment elements are particularly relevant to registered health and social care professionals who undertake capacity assessments within their professional scope of practice. Other participants may attend to develop their understanding of the legislation and their responsibilities when supporting individuals with decision-making.

Promote Individual Rights & Autonomy
Understanding the Assisted Decision-Making (Capacity) Act 2015 helps professionals respect individual rights, dignity, autonomy and personal preferences when supporting people with decision-making.

Support Informed Decision-Making
The course helps participants understand how to support individuals to access relevant information, communicate their choices and participate as fully as possible in decisions affecting their lives.

Improve Understanding of Functional Capacity Assessments
Participants develop an understanding of the four elements of the functional capacity test and the importance of considering each decision individually, at the relevant time, rather than making assumptions based on a diagnosis or disability.

Strengthen Professional Practice
Understanding the legislation and relevant guidance helps healthcare and social care professionals recognise their responsibilities, maintain appropriate documentation and identify when further professional input may be required.

Promote Consistent, Person-Centred Care
Applying the principles of supported decision-making can help organisations strengthen person-centred practice, protect individual rights and support more consistent decision-making processes.

Upon completion of this course, participants should be able to:
1. Explain the purpose and key provisions of the Assisted Decision-Making (Capacity) Act 2015, as amended.
2. Understand the guiding principles of the legislation and its human rights-based approach.
3. Explain the importance of presuming capacity and supporting individuals to make their own decisions.
4. Identify circumstances in which a functional capacity assessment may be appropriate.
5. Describe and apply the four elements of the functional capacity test to practical case studies.
6. Recognise the importance of decision-specific and time-specific assessments.
7. Understand appropriate approaches to documenting assessments and professional decision-making.
8. Identify the decision-support arrangements established under the legislation.
9. Understand the role of the Decision Support Service and relevant Codes of Practice.
10. Recognise the limits of their professional responsibilities and when specialist involvement may be necessary.

Samson Training provides practical professional training designed to help organisations strengthen staff knowledge, workplace practices and service delivery.

Our approach focuses on:
• Practical Learning: Realistic case studies and scenarios that connect legislation with everyday professional responsibilities.
• Relevant Legal Context: Training focused on the Irish Assisted Decision-Making (Capacity) Act 2015, as amended, and relevant guidance.
• Person-Centred Practice: Emphasis on autonomy, dignity, individual rights and supported decision-making.
• Interactive Delivery: Trainer-led presentations, group discussions, practical exercises and opportunities to ask questions.
• Relevant to Healthcare & Social Care: Content suitable for professionals working across healthcare, disability, residential care and community services.
• Professional Development: Learning designed to improve understanding of decision-making responsibilities, documentation and appropriate escalation.
• Flexible Delivery: Classroom-based or live online training to suit organisational requirements.

The course content is informed by the following Irish legislation, statutory guidance and professional resources:
• Assisted Decision-Making (Capacity) Act 2015, as amended – establishes the legal framework for supporting adults who may require assistance with decision-making.
• Assisted Decision-Making (Capacity) (Amendment) Act 2022 – amends the 2015 Act and forms part of the current legislative framework.
• Decision Support Service (DSS) Codes of Practice – guidance relevant to supporting decision-making, assessing capacity and understanding the responsibilities of decision supporters and relevant professionals.
• United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) – provides an important human rights framework for respecting the rights, autonomy and participation of persons with disabilities.

The course will also consider relevant professional guidance and organisational policies applicable to healthcare, social care and disability services.

Promote Individual Rights & Autonomy
Understanding the Assisted Decision-Making (Capacity) Act 2015 helps professionals respect individual rights, dignity, autonomy and personal preferences when supporting people with decision-making.

Support Informed Decision-Making
The course helps participants understand how to support individuals to access relevant information, communicate their choices and participate as fully as possible in decisions affecting their lives.

Improve Understanding of Functional Capacity Assessments
Participants develop an understanding of the four elements of the functional capacity test and the importance of considering each decision individually, at the relevant time, rather than making assumptions based on a diagnosis or disability.

Strengthen Professional Practice
Understanding the legislation and relevant guidance helps healthcare and social care professionals recognise their responsibilities, maintain appropriate documentation and identify when further professional input may be required.

Promote Consistent, Person-Centred Care
Applying the principles of supported decision-making can help organisations strengthen person-centred practice, protect individual rights and support more consistent decision-making processes.

1. What is the Assisted Decision-Making (Capacity) Act 2015?
It is Irish legislation that establishes a framework for supporting adults who may need assistance with decision-making. It emphasises individual autonomy, the presumption of capacity and support for people to make their own decisions.

2. What is a functional capacity assessment?
A functional capacity assessment considers a person's ability to make a particular decision at a particular time. It examines whether the person can understand, retain, use or weigh relevant information, and communicate their decision.

3. Who should attend this course?
The course is suitable for healthcare professionals, social workers, disability service staff, nursing home personnel, safeguarding professionals, advocates and other relevant professionals involved in supporting adults with decision-making.

4. Does the course cover the Decision Support Service?
Yes. The programme introduces the role and functions of the Decision Support Service, relevant Codes of Practice and the decision-support arrangements established under the legislation.

5. Will participants learn how to conduct functional capacity assessments?
Participants will explore the principles and practical considerations involved in functional capacity assessments through structured examples and case studies. Any assessment undertaken in professional practice must remain within the participant's competence, professional scope and applicable legal requirements.