Oireachtas Joint and Select Committees

Wednesday, 30 June 2021

Select Committee on Health

Nursing Homes Support Scheme (Amendment) Bill 2021: Committee Stage

Photo of Mary ButlerMary Butler (Waterford, Fianna Fail) | Oireachtas source

I thank the Deputy for that contribution. It is assumed that persons in care have the full capacity to represent themselves during an interview unless a representative has been appointed to act on their behalf. A number of persons specified in section 47 of the principal Act may act on behalf of another person on any matter. However, in the context of ancillary State support, only the care representative, a registered enduring power of attorney or an appointed committee for a ward of court can officially represent a person in care.

Similarly, under this Bill, only a care representative or another officially appointed representative will be able to represent a person in making applications for relief, which include the placing of a charge on relevant assets. It is quite technical but the thrust of the amendment tabled by Deputy Naughten is being accepted. Somebody who is going before the HSE to appoint a successor can bring another person to support him or her. It is a traumatic and distressing time for some people, especially those who are business owners or small farmers, when they must make the decision to appoint a successor and move into a nursing home. I am supportive of any support such people can bring with them. I accept the general thrust of his amendment but we must work on the wording, if the Deputy is prepared to do that.

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