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

I move amendment No. 90:

In page 21, after line 41, to insert the following:"Restrictions on co-decision-makers

17.(1) Where there is both a co-decision-maker and a decision-making representative for a relevant person—

(a) the co-decision-maker shall not exercise any function granted to the decision-making representative and which is exercisable by the decision-making representative, and

(b) the co-decision-maker shall exercise any functions which the co-decision-maker is authorised to exercise in a manner which is not inconsistent with the functions of the decision-making representative which are exercisable by the decision-making representative.

(2) Where there is both a co-decision-maker and an attorney (under an enduring power of attorney registered under section 46) for a relevant person—

(a) the co-decision-maker shall not exercise any power granted to the attorney and which is exercisable by the attorney, and

(b) the co-decision-maker shall exercise any functions which the co-decision-maker is authorised to exercise in a manner which is not inconsistent with the powers of the attorney which are exercisable by the attorney.

(3) Where there is both a co-decision-maker and a designated healthcare representative for a relevant person—

(a) the co-decision-maker shall not exercise any relevant powers of the designated healthcare representative which are exercisable by the designated healthcare representative, and

(b) the co-decision-maker shall exercise any functions which the co-decision-maker is authorised to exercise in a manner which is not inconsistent with the relevant powers of the designated healthcare representative which are exercisable by the designated healthcare representative.

(4) Where there is a co-decision-maker for a relevant person who has made an advance healthcare directive that is applicable and the directive—

(a) does not provide for a designated healthcare representative, or

(b) does provide for a designated healthcare representative, but the powers of the designated healthcare representative do not extend to the relevant decision concerned,

the co-decision-maker shall exercise any functions which the co-decision-maker is authorised to exercise in a manner which is not inconsistent with the terms of the advance healthcare directive.

(5) Where there is more than one co-decision-maker for a relevant person (whether in the same co-decision-making agreement or pursuant to different co-decision-making agreements), each co-decision-maker shall exercise any functions which the co-decision-maker is authorised to exercise in a manner which is not inconsistent with the functions exercisable by another co-decision-maker.

(6) A co-decision-maker for a relevant person shall not have authority to make decisions jointly with a relevant person, other than in relation to those specified in respect of him or her in the co-decision-making agreement.".