Mr. Kevin Kelly:

As regards persons who meet the test in terms of a physical medical condition but whose mental health gives rise to there being a difficulty with competence, I am not very familiar with it but I am sure the Assisted Decision-Making (Capacity) Act would intervene and a third party could makes decisions. In circumstances where a person is conveying a will to end his or her life because of a degenerative illness or physical medical condition but, due to capacity, is deemed not able or competent to avail of assisted dying, if the incompetence is to a certain extent, the person could avail of the Assisted Decision-Making (Capacity) Act and probably have a third party act on his or her behalf.