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Assisted Decision-Making (Capacity) Bill 2013: Report Stage (21 Oct 2015)

Kathleen Lynch: There are certain outcomes we do not want. When an agreement is reached, we must assume that it is with someone who is trusted on both sides and that the person involved has capacity in respect of the person who is assisting. We do not want a scenario whereby different obligations or circumstances arise on a weekly basis. I believe this will focus the minds of both parties on the...

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 21:In page 23, between lines 16 and 17, to insert the following:“ “authenticated”, in relation to a co-decision-making agreement which is registered, means bearing the signature of the Director, the date on which his or her signature was applied and the date of registration of the co-decision-making agreement;”.

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 22:In page 23, between lines 20 and 21, to insert the following:“ “co-decision-maker appointer” means a person who appoints a co-decision-maker under section 14;”.

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 23:In page 23, line 22, to delete “as such agreement is in force from time to time”.

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 24:In page 23, to delete lines 23 to 26.

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 25:In page 23, to delete lines 27 and 28.

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 26:In page 23, to delete lines 31 to 37, to delete page 24, and in page 25, to delete lines 1 to 9 and substitute the following:“14. (1) Subject to the provisions of this section, a person who has attained the age of 18 years and who considers that his or her capacity is in question or may shortly be in question may appoint a suitable person who has also attained...

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 27:In page 25, to delete lines 10 to 41, and in page 26, to delete lines 1 to 31 and substitute the following:“Persons who are not eligible to be co-decision-makers 15. (1) Subject to subsection (2), a person shall not be eligible for appointment as a co-decision- maker if he or she—(a) has been convicted of an offence in relation to the person or property...

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 28:In page 26, to delete lines 33 to 40, and in page 27, to delete lines 1 to 33 and substitute the following:“16. (1) A co-decision-maker shall advise the appointer as regards matters the subject of, or to be the subject of, relevant decisions, and shall share with the appointer the authority to make relevant decisions and may do all things necessary to give...

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 29:In page 27, to delete lines 34 to 36, and in page 28, to delete lines 1 to 40 and substitute the following:“Nullity 17. (1) Where an event specified in paragraphs (a) to (c) occurs, a co-decision-making agreement shall, with effect from the date on which the event occurs, be null and void to the extent that it relates to a relevant decision where there is, in...

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 30:In page 29, to delete lines 2 to 38, and in page 30, to delete lines 1 to 20 and substitute the following:“18. (1) A co-decision-making agreement shall not enter into force until it has been registered in accordance with section 19. (2) An application to register a co-decision-making agreement shall be made not later than 5 weeks from the date the agreement was...

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 7:In page 12, lines 6 to 8, to delete all words from and including “professional, or” in line 6 down to and including line 8 and substitute “professional;”.

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 8:In page 12, between lines 26 and 27, to insert the following:“ “personal insolvency arrangement” has the meaning assigned to it by section 2 of the Personal Insolvency Act 2012;”.

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 9:In page 13, line 17, to delete “decision-making representative,” and substitute “decision-making representative”.

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 10:In page 13, to delete line 24.

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 11:In page 13, lines 34 and 35, to delete “as a decision on which that decision-making assistant may assist the appointer”.

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 12:In page 13, lines 39 and 40, to delete “as a decision to be made jointly by the appointer and the co-decision-maker”.

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 13:In page 13, after line 40, to insert the following:“(c) in relation to a decision made, or to be made, by a court on behalf of a relevant person, means a decision on a matter the subject of the decision-making order and which falls within the scope of that order,”. Amendment No. 13 inserts a new paragraph in the definition of "relevant decision" to...

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 14:In page 14, lines 4 and 5, to delete “as a decision to be made by the decision-making representative on behalf of the relevant person”.

Assisted Decision-Making (Capacity) Bill 2013: Report Stage (21 Oct 2015)

Kathleen Lynch: I move amendment No. 15:In page 14, line 9, to delete “as a decision to be made by the attorney on behalf of the relevant person”.

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