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
Kathleen Lynch (Cork North Central, Labour) | Oireachtas source
I move amendment No. 171:
In page 42, between lines 11 and 12, to insert the following:"(4) Where there is both a decision-making representative and a designated healthcare representative for a relevant person—(a) the decision-making representative shall not exercise any relevant powers of the designated healthcare representative which are exercisable by the designated healthcare representative, and(5) Where there is a decision-making representative for a relevant person who has made an advance healthcare directive that—
(b) the decision-making representative shall exercise any powers which the decision-making representative 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.(a) does not provide for a designated healthcare representative, or
(b) where it does provide for a designated healthcare representative, the powers of the designated healthcare representative do not extend to the relevant decision concerned, the decision-making representative shall exercise any powers which the decision-making representative is authorised to exercise in a manner which is not inconsistent with the terms of the advance healthcare directive.".
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