Oireachtas Joint and Select Committees

Wednesday, 17 June 2015

Select Committee on Justice, Defence and Equality

Assisted Decision-Making (Capacity) Bill 2013: Committee Stage

9:30 am

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

I move amendment No. 101:

In page 21, after line 41, to insert the following:“Applications to Court

28. Where, pursuant to an application to it under section 22or 23, the court must determine whether a co-decision-maker should continue as co-decision-maker for an appointer, the court shall have regard to all of the circumstances of the case, including in particular—
(a) the capacity of the appointer,

(b) the appointer’s willingness to continue to participate in the co-decision-making agreement concerned,

(c) the suitability of the co-decision-maker,

(d) the performance by the co-decision-maker of his or her functions, and

(e) the views of the Director.”.

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