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. 181:
In page 43, line 23, after "may" to insert "be made to the court at any time by the relevant person or".
The proposed amendments remove the requirement that the person with capacity difficulties must have the consent of the court to seek a review of a declaration of incapacity. Instead, the amendment would allow the person with capacity difficulties to seek the review at any time, in line with the Bill's ethos to ensure that any intrusion on to the presumption of the person's capacity is to be kept to a minimum. All other categories of person would continue to require the court's consent to seek the review of the person's capacity. Amendment No. 184 is a technical amendment to ensure that the timelines for the court's review of a person's capacity should run from the time the court made a declaration of incapacity, as well as from the last review by the court of that declaration.
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