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 Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

I move amendment No. 241:

In page 65, between lines 2 and 3, to insert the following:“(7) (a) An informal decision-maker shall at all times act according to the known will and preferences of the relevant person.
(b) The will and preferences will be assumed to be known to the informal decisionmaker where—
(i) the informal decision-maker is aware, from personal experiences, of the will and preferences of the relevant person, or

(ii) there is evidence, which the informal decision-maker is aware of, or ought to be aware of, that indicates the will and preferences of the relevant person.
(c) An informal decision-maker shall not be subject to this subsection where the action relating to the known will and preferences of the relevant person is contrary to the informal decision-maker’s duties under section 54(3) of this Act.”.

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