Responses are invited from suitably qualified candidates for the provision of training on conducting functional assessments of capacity under the Assisted Decision-Making (Capacity) Act 2015.

Tender description

The Decision Support Service (DSS) and the Health Service Executive (HSE) are seeking tender responses to develop a training course on conducting functional assessments of capacity. Under the Assisted Decision-Making (Capacity) Act 2015 registered medical practitioners and six classes of healthcare professionals are prescribed by regulations to conduct functional assessments of capacity. The regulations apply where an appointer is seeking to register, vary, review or revoke a Co-Decision-Making Agreement or a donor is creating, reviewing, varying or revoking an Enduring Power of Attorney and an attorney is making an application to register it. Submissions are sought from experts with experience in developing and delivering online learning programmes in a healthcare learning context with demonstrated knowledge of the Assisted Decision-Making (Capacity) Act 2015 and of functional assessments of capacity. Background and context The Assisted Decision-Making (Capacity) Act 2015 (herein known as ‘the 2015 Act’) provides for a donor to put in place an Enduring Power of Attorney (EPA) or an appointer to put in place one or more Co-Decision-Making Agreement(s) (CDMA). A person can put in place a CDMA (detailed in Part 4 of the 2015 Act) when their capacity is in question or may shortly be called into question in relation to one, or more than one matter. The appointer appoints a suitable person as a Co-Decision-Maker to jointly make decisions with them. A donor can put in place an EPA (detailed in Part 7 of the 2015 Act) when they have capacity. They can appoint an attorney(s) to make decisions on their behalf when they no longer have capacity. To put in place an EPA or a CDMA under the 2015 Act, the appointer or donor is legally required to obtain a functional assessment of capacity – undertaken either by a registered medical practitioner or by a healthcare professional prescribed by regulations. These assessments of capacity are required before the instruments are registered with the DSS.