Dáil debates

Wednesday, 21 October 2015

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (Resumed) and Final Stage

 

3:25 pm

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

I appreciate what the Deputy has said. Clearly, he is very committed to the whole area. When I look at legislation that is in development or being brought before the House, I always ask how I would like to be treated if I were in the relevant circumstances. Each and every one of us expects that no matter to whom we leave what little we have as we depart this world, our wishes and preferences will be respected. It would have to be extraordinary or exceptional circumstances for it to be otherwise. When these cases arrive in court, it usually ends up that there is nothing left to be distributed. It is unseemly. We must always look at it from the point of view of the individual and his or her will and preference. We may not always agree with it. People in our own families with complete capacity may make decisions we do not agree with, and we have to accept them as their decisions. That is it.

I accept fully what the Deputy says. We all have experience of that kind of financial abuse occurring from time to time, sometimes with the compliance of those who do not know any better. I cannot accept the amendment because our advice is that it would have consequences down the road. Nevertheless, I accept fully what the Deputy says and I commit to looking at the matter again.

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