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

I move amendment No. 154:

In page 38, between lines 14 and 15, to insert the following:“(8) Where a decision-making representation order authorises a decision-making representative to make decisions in relation to a relevant person’s property and affairs, the decision-making representative shall—

(a) within 3 months of his or her appointment as decision-making representative for the relevant person, submit to the Director a statement of facts, to include a schedule of assets and liabilities and a projected statement of income and expenditure,

(b) keep proper accounts and financial records in respect of all income and expenditure in connection with the property and assets of the relevant person,

(c) submit the accounts and records referred to in paragraph (b) to the Director at least once every 12 months or within such shorter period as the Director may decide,

(d) make available for inspection by the Director or by a special visitor, at any reasonable time, the accounts and records referred to in paragraph (b).”.

This amendment is intended as an additional safeguard against abuse of the assets or income of a person with capacity difficulties by the decision-making representative. It proposes to impose extra obligations on the decision-making representatives where that person is appointed to take decisions regarding the property and affairs of a person with capacity difficulties. The decision-making representative will be required to submit a statement of the assets, liabilities, income and expenditure of the person with capacity difficulties. He or she will also be required to submit accounts and financial reports when submitting the annual report to the director of decision support services. It is also proposed that he or she would be required to make the accounts and records available for inspection by the director as necessary. These amendments are intended both to safeguard against potential financial abuse and to ensure that decisions involving the management of the assets or income of another person are subject to external oversight.