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

I move amendment No. 258:

In page 65, between lines 28 and 29, to insert the following:“Designated healthcare representative

60.(1) (a) Subject to subsection (2), a directive-maker may designate, in his or her advance healthcare directive, a named individual to exercise the relevant powers.

(b) If the designated individual agrees to exercise the relevant powers, he or she shall sign the advance healthcare directive to confirm his or her willingness to do so in accordance with the known will and preferences of the directive-maker as determined by reference to the directive.

(2) Subject to subsection (3), an individual shall not be designated in an advance healthcare directive to exercise the relevant powers if—

(a) the individual has not attained the age of 18 years,

(b) the individual has been convicted of an offence in relation to the person or property of the directive-maker or the person or property of a child of the directive-maker,

(c) a safety or barring order has been made against the individual in relation to the directive-maker or a child of the directive-maker,

(d) the individual is the owner, or the registered provider, of a nursing home (whether or not it is a nursing home registered under the Health Act 2007), a mental health facility, or a residential facility for persons with disabilities, in which the directive-maker resides, or a person residing with, or an employee or agent of, such owner or registered provider, as the case may be, unless the individual is a spouse, civil partner, cohabitant, parent, child or sibling of the directive-maker, or

(e) the individual provides personal care or healthcare services to the directive-maker for compensation unless the individual is—

(i) a spouse, civil partner, cohabitant, parent, child or sibling of the directive-maker, or

(ii) the primary carer of the directive-maker.

(3) Where, subsequent to the designation in an advance healthcare directive of an individual to exercise the relevant powers—

(a) the individual is convicted of an offence in relation to the person or property of the directive-maker or the person or property of a child of the directive-maker,

(b) a safety or barring order is made against the individual in relation to the directive-maker or a child of the directive-maker,

(c) the individual becomes the owner, or the registered provider, of a nursing home (whether or not it is a nursing home registered under the Health Act 2007), a mental health facility, or residential facility for persons with disabilities, in which the directive-maker resides, or a person residing with, or an employee or agent of, such owner or registered provider, as the case may be, where the individual is not a spouse, civil partner, cohabitant, parent, child or sibling of the directive-maker, or

(d) the individual provides personal care or healthcare services to the directive-maker for compensation where the individual is not—

(i) a spouse, civil partner, cohabitant, parent, child or sibling of the directive-maker, or

(ii) the primary carer of the directive-maker,

the directive shall be invalidated, to the extent that it relates to that individual exercising the relevant powers, with effect from the day on which the individual falls within any of paragraphs (a)to (d).

(4) A designated healthcare representative for a directive-maker acts as the agent of the directive-maker when he or she exercises the relevant powers.

(5) An advance healthcare directive shall, unless it provides otherwise, be invalidated to the extent that it relates to a designated healthcare representative who is the spouse of the directive-maker and subsequently—

(a) the marriage is annulled or dissolved either—

(i) under the law of the State, or

(ii) under the law of another state and is, by reason of that annulment or dissolution, not or no longer a subsisting valid marriage under the law of the State,

(b) either a decree of judicial separation is granted to either spouse by a court in the State or any decree is so granted by a court outside the State and is recognised in the State as having like effect,

(c) a written agreement to separate is entered into between the spouses, or

(d) subject to section 2(2), the spouses separate and cease to cohabit for a continuous period of 12 months.

(6) An advance healthcare directive shall, unless it provides otherwise, be invalidated to the extent that it relates to a designated healthcare representative who is the civil partner of the directive-maker and subsequently—

(a) the civil partnership is dissolved,

(b) a written agreement to separate is entered into between the civil partners, or

(c) subject to section 2(2), the civil partners separate and cease to cohabit for a continuous period of 12 months.

(7) Subject to section 2(2), an advance healthcare directive shall, unless it provides otherwise, be invalidated to the extent that it relates to a designated healthcare representative who is the cohabitant of the directive-maker and subsequently the cohabitants separate and cease to cohabit for a continuous period of 12 months.

(8) The invalidation of part of an advance healthcare directive under subsections (3), (5), (6)or (7)shall not of itself affect a relevant decision made prior to the occurrence of the event which caused such invalidation.”.