The Law Reform Commission has recommended a widespread change to the law surrounding the capacity of vulnerable adults to make decisions and give consent.
At present, many adults with intellectual disability and mental illness must be made a Ward of Court in order for decisions to be made regarding their health, relationships, and property owning rights.
The commission argues that while some people might be unable to make certain decisions, regarding issues like investments and property for example, they might be able to make decisions about their own health.
It therefore recommends that new legislation covering capacity, which sets out clear rules about different scenarios of decision-making, should be drawn up.
These rules, it argues, should be based on a functional approach, which would mean assessing a person's decision-making ability in relation to a particular decision at the time the decision is to be made.
The legislation should also include procedural protections for the people concerned, according to the commission.
The consultation paper will be launched this evening by President of the High Court, Mr Justice Joseph Finnegan.
Submissions will be accepted from the public up to the end of August. The commission will then produce a report and draft legislation some time next year.
