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

I move amendment No. 91:

In page 21, after line 41, to insert the following:"Application for registration of co-decision-making agreement

18.(1) A co-decision-making agreement shall not enter into force until it has been registered in accordance with section 19.

(2) An application to register a co-decision-making agreement shall be made in such form and accompanied by such fee as shall be prescribed by regulations made under section 27and shall be signed by both the appointer and the co-decision-maker ("the applicants").

(3) The applicants shall, at the same time as making an application to register a co-decision-making agreement, jointly give notice, in such form as shall be prescribed by regulations made under section 27, of the application and a copy of the co-decision-making agreement to the following persons:

(a) a spouse or civil partner of the appointer;

(b) a cohabitant of the appointer;

(c) any child of the appointer who has attained the age of 18 years;

(d) any decision-making assistant for the appointer;

(e) any decision-making representative for the appointer;

(f) any attorney for the appointer;

(g) any designated healthcare representative for the appointer.

(4) An application under subsection (2) shall be accompanied by the following:

(a) the co-decision-making agreement;

(b) a statement by the appointer that he or she—

(i) understands the implication of entering into the co-decision-making agreement and has read and understands the information contained therein, or has had such information explained to him or her,

(ii) wishes to enter into the co-decision-making agreement with the co-decision-maker,

(iii) is aware that he or she may, with the consent of the co-decision-maker, vary the co-decision-making agreement, and

(iv) is aware that he or she may revoke the co-decision-making agreement;

(c) a statement by the co-decision-maker that he or she—

(i) understands the implication of entering into the co-decision-making agreement and has read and understands the information contained therein,

(ii) understands and undertakes to act in accordance with the functions of a co-decision-maker,

(iii) understands and undertakes to act in accordance with the guiding principles,

(iv) understands and undertakes to comply with the reporting obligations,

(v) understands the provisions of this Part relating to variation, revocation and invalidation of co-decision-making agreements;

(d) a statement as to why the less intrusive measure of a decision-making assistance agreement was not chosen;

(e) details of any existing decision-making assistance agreement, co-decision-making agreement, decision-making order, decision-making representation order, power of attorney (whether an enduring power or otherwise and whether registered or not) or advance healthcare directive in respect of the appointer;

(f) a statement by a registered medical practitioner and such other healthcare professional of a class as may be prescribed by regulations made under section 27that in his or her opinion—

(i) the appointer has capacity to make a decision to enter into the co-decision-making agreement,

(ii) the appointer requires assistance in exercising his or her decision-making in respect of the matters contained in the co-decision-making agreement, and

(iii) the appointer has capacity to make the decision or decisions specified in the co-decision-making agreement with the assistance of the person who is proposed as co-decision-maker;

(g) references, in such form as shall be prescribed by regulations made under section 27, by two persons as to the personal character of the co-decision-maker;

(h) details of the notice given pursuantto subsection (3); and

(i) the appropriate fee, as prescribed by regulations made under section 27.".