Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

I move amendment No. 87:

In page 21, after line 41, to insert the following:"Co-decision-making agreement

14.(1) Subject to the provisions of this section, a person who has attained the age of 18 years and who considers that his or her capacity is in question or may shortly be in question may appoint a suitable person who has also attained that age to jointly make with the relevant person one or more than one decision on the first-mentioned person's personal welfare or property and affairs, or both, in compliance with this Part and regulations made under section 27.

(2) A person is suitable for appointment as a co-decision-maker if he or she—

(a) is a relative or friend of the appointer who has had such personal contact with the appointer over such period of time that a relationship of trust exists between them, and

(b) is capable of effectively performing the functions which he or she will have as a co-decision-maker.

(3) An appointment as a co-decision-maker shall be made in writing in a co-decision-making agreement which is in compliance with subsection (4)and regulations made under section 27.

(4) An appointer, in his or her co-decision-making agreement—

(a) shall not include a matter which is the subject of a decision-making order, decision-making representation order or enduring power of attorney (whether registered or not) in respect of him or her, or

(b) notwithstanding the definition of "property and affairs" in section 2, shall not include provision for the disposal of his or her property by way of gift.

(5) A co-decision-making agreement shall contain the following:

(a) the name, date of birth and contact details of the appointer;

(b) subject to subsection (6), the signature of the appointer and the date that he or she signed the agreement;

(c) the name, date of birth and contact details of the co-decision-maker;

(d) the signature of the co-decision-maker and the date that he or she signed the agreement;

(e) the signatures of the 2 witnesses referred to in subsection (7).

(6) A co-decision-making agreement may be signed on behalf of the appointer by a person who has attained the age of 18 years and who is not one of the witnesses referred to in subsection (7)if—

(a) the appointer is unable to sign the agreement,

(b) the appointer is present and directs that the agreement be signed on his or her behalf by that person, and

(c) the signature of the person is witnessed in accordance with subsection (7).

(7) (a) The appointer, or the person signing on his or her behalf in accordance with subsection (6), and the co-decision-maker shall sign the co-decision-making agreement in the presence of each other and in the presence of 2 witnesses—

(i) each of whom has attained the age of 18 years, and

(ii) of whom at least one is not an immediate family member of the appointer or the co-decision-maker.

(b) Each of the witnesses referred to in paragraph (a)shall witness the signature of the appointer (or the person signing on his or her behalf) and the signature of the co-decision-maker by applying his or her own signature to the co-decision-making agreement.

(8) An appointer may, in a co-decision-making agreement, appoint more than one person as a co-decision-maker but may not appoint more than one co-decision-maker in respect of the same relevant decision.

(9) An appointer may, in the co-decision-making agreement, appoint one or more than one person to act as a co-decision-maker if the co-decision-maker appointed in the agreement dies or becomes disqualified to be such co-decision-maker.

(10) Prior to entering into a co-decision-making agreement, the intending appointer and the proposed co-decision-maker may, individually or jointly, seek the assistance of the Director with regard to making and entering into the co-decision-making agreement.".