Dáil debates

Thursday, 17 December 2015

Assisted Decision-Making (Capacity) Bill 2013: From the Seanad

 

11:00 am

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

This group of amendments provide for the remodelling of Part 7 relating to the enduring power of attorney. I indicated on Committee Stage in the Dáil that I would bring forward amendments to the enduring power provisions to align them with the revised provisions on co-decision-making and change the jurisdiction from the High Court to the Circuit Court. It was an issue Deputy Colm Keaveney also raised with us.

The Seanad amendments to the enduring powers of attorney provisions align the provisions with the UN Convention on the Rights of Persons with Disabilities and current international best practice. The amendments also align the provisions with the rest of the Bill. The amendments strengthen the safeguards against attorneys acting outside the authority given to them. They address potential risks of abuse and exploitation of donors. They strengthen protection for the rights of donors and provide for attorneys to be accountable and held responsible for their actions.

One the main substantive changes to Part 7 is that the director will not register enduring powers that have been created under the 1996 Powers of Attorney Act but have yet to be registered. I received legal advice stating that it would not be possible for the director to register these enduring powers under this Bill. These will have to be registered under the 1996 Act by the Office of the Wards of Court as is the current system. However, that group of attorneys and all other enduring powers registered under the 1996 Act will be subject to the new complaints and offences provisions that were inserted by way of Seanad amendments Nos. 194 and 198. I believe that this provides greater protection.

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