Mary Harney (Dublin Mid West, Progressive Democrats)

A number of amendments were made which related to representatives for applicants of diminished mental capacities. Section 21 of the Bill provides for the appointment by the Circuit Court of care representatives. A care representative is required if a person of diminished mental capacity wishes to apply for ancillary State support. Amendment No. 6 amends section 21 of the Bill. It obliges the court to have regard to the wishes of the person who is the subject of the application when appointing a care representative.

The amendment represents a further safeguard within the scheme for the person. It is also consistent with the guiding principles contained in the proposed mental capacity legislation. The reference to "medical practitioner" is included so that the proprietor of a nursing home is ruled, on the basis that it would constitute a conflict of interest. It was decided in the Seanad to add the medical practitioner who did the care assessment for similar reasons.

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