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

I move amendment No. 89:

In page 21, after line 41, to insert the following:"Functions of a co-decision-maker

16.(1) A co-decision-maker shall advise the appointer respecting matters the subject or to be the subject of relevant decisions, and shall share with the appointer the authority to make relevant decisions and may do all things necessary to give effect to the authority vested in him or her.

(2) In exercising his or her functions, a co-decision-maker shall—

(a) advise the appointer by explaining relevant information and considerations relating to a relevant decision,

(b) ascertain the will and preferences of the appointer on a matter the subject or to be the subject of a relevant decision and assist the appointer to communicate them,

(c) assist the appointer to obtain any information or personal records (in this section referred to as "relevant information") that the appointer is entitled to and that is required in relation to a relevant decision,

(d) assist the appointer to make and express a relevant decision, and

(e) endeavour to ensure that the appointer’s relevant decisions are implemented.

(3) A co-decision-maker shall not—

(a) attempt to obtain information that is not reasonably required for making a relevant decision, or

(b) use relevant information for a purpose other than in relation to a relevant decision.

(4) A co-decision-maker shall take reasonable steps to ensure that relevant information—

(a) is kept secure from unauthorised access, use or disclosure, and

(b) is safely disposed of when no longer required.

(5) A co-decision-maker shall be entitled to be reimbursed out of the assets of then appointer in respect of his or her fair and reasonable expenses which are—

(a) reasonably incurred in performing his or her functions as co-decision-maker,

(b) vouched in a manner acceptable to the Director, and

(c) included in any reports submitted by the co-decision-maker under section 23.

(6) A co-decision-maker is not entitled to remuneration for performing his or her functions as co-decision-maker.

(7) A co-decision-maker shall notify the Director if the appointer's capacity—

(a) improves to the extent that he or she has capacity in relation to the matters which are the subject of the co-decision-making agreement without the assistance of a co-decision-maker, or

(b) deteriorates to the extent that he or she lacks capacity in relation to the matters which are the subject of the co-decision-making agreement even with the assistance of a co-decision-maker.

(8) A co-decision-maker—

(a) shall acquiesce in a relevant decision made by the appointer, and

(b) shall not refuse to sign a document referred to in section 19(8),

unless it is reasonably foreseeable that the relevant decision will result in harm to the appointer or to another person.".