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

I move amendment No. 88:

In page 21, after line 41, to insert the following:"Persons who shall not be appointed as co-decision-makers

15.(1) Subject to subsection (3), a person shall not be suitable for appointment as a co-decision-maker if he or she—

(a) has been convicted of an offence in relation to the person or property of the relevant person or the person or property of a child of the relevant person,

(b) has been the subject of a safety or barring order in relation to the relevant person or a child of the relevant person,

(c) is an undischarged bankrupt or currently in a debt settlement arrangement or personal insolvency arrangement or has been convicted of an offence involving fraud or dishonesty,

(d) is a person in respect of whom a declaration has been made under section 819 of the Act of 2014,

(e) is a person who is subject or is deemed to be subject to a disqualification order within the meaning of Chapter 4 of Part 14 of the Act of 2014 by virtue of that Chapter,

(f) is the owner, or the registered provider, of a nursing home (whether or not it is a nursing home registered under the Health Act 2007), a mental health facility, or a residential facility for persons with disabilities, in which the relevant person resides, or a person residing with, or an employee or agent of, such owner or registered provider, as the case may be, unless the person is a spouse or civil partner, parent, child or sibling of the relevant person,

(g) has been convicted of an offence under section 113, or

(h) has been found by the court to be unsuitable to perform the role of co-decision-maker or other intervener under this Act, whether in connection with the relevant person or another relevant person.

(2) Subject to subsection (3), where, subsequent to the appointment of a co-decision-maker—

(a) the co-decision-maker is convicted of an offence in relation to the person or property of the relevant person or the person or property of a child of the relevant person,

(b) a safety or barring order is made against the co-decision-maker in relation to the relevant person or a child of the relevant person,

(c) the co-decision-maker becomes an undischarged bankrupt or subject to a debt settlement arrangement or personal insolvency arrangement which is current or is convicted of an offence involving fraud or dishonesty,

(d) the co-decision-maker becomes a person in respect of whom a declaration has been made under section 819 of the Act of 2014,

(e) the co-decision-maker becomes a person who is subject or is deemed to be subject to a disqualification order within the meaning of Chapter 4 of Part 14 of the Act of 2014 by virtue of that Chapter,

(f) the co-decision-maker becomes the owner, or the registered provider, of a nursing home (whether or not it is a nursing home registered under the Health Act 2007), a mental health facility, or residential facility for persons with disabilities, in which the relevant person resides, or a person residing with, or an employee or agent of, such owner or registered provider, as the case may be, unless the person is a spouse or civil partner, parent, child or sibling of the relevant person,

(g) the co-decision-maker is convicted of an offence under section 113,

(h) the co-decision-maker—

(i) enters into a decision-making assistance agreement as a relevant person,

(ii) enters into a co-decision-making agreement as a relevant person,

(iii) has an enduring power of attorney registered in respect of himself or herself,

or

(iv) becomes the subject of an order under Part 4,

the co-decision-making agreement concerned shall be invalidated, to the extent that it relates to the appointment of that co-decision-maker, with effect from the day on which the co-decision-maker falls within any of paragraphs (a) to (h).

(3) Subsections (1)(c), (d) and (e) and subsections (2)(c), (d) and (e)shall not apply as respects the appointment of a person as a co-decision-maker relating only to relevant decisions on the personal welfare of the appointer.

(4) Where a co-decision-making agreement has been invalidated and a person, without knowledge of the invalidation, deals with the appointer and the co-decision-maker, the transaction between them shall, in favour of that person, be as valid as if the co-decision-making agreement had been in force.".