Oireachtas Joint and Select Committees
Wednesday, 17 June 2015
Select Committee on Justice, Defence and Equality
Assisted Decision-Making (Capacity) Bill 2013: Committee Stage
9:30 am
Kathleen Lynch (Cork North Central, Labour) | Oireachtas source
I move amendment No. 70:
In page 19, between lines 37 and 38, to insert the following:"(7) A decision-making assistance agreement shall be invalidated, to the extent that it relates to any relevant decision, where there is—(a) an advance healthcare directive—(i) made by the relevant person,
(ii) the terms of which conflict with the decision-making assistance agreement,and(iii) that does not provide for a designated healthcare representative, or, where it does provide for a designated healthcare representative, the powers of the designated healthcare representative do not extend to the relevant decision concerned,
and
(b) the relevant person lacks capacity in respect of the relevant decision.".
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