David Norris (Independent)

Yes. A specified person can act in respect of an application, appeal or review on behalf of another individual who does not have capacity. However, capacity in the Bill is task-related. Under section 21(1), there is an assumption that until the contrary is established, a person has full mental capacity. The mental capacity assessment, as outlined in section 21(1), undertakes to assess the person's capacity to make the application and consent to the charge on his or her home. It does not consider the person's capacity to consent to the sending of the personal information contained in his or her care needs assessment report to a relevant facility or approved nursing home.

A second but related issue is that on closer examination, one may question whether a care representative actually can be a specified person, as the specific explicit role of the care representative has been outlined in section 21(7). Section 47(1) adds to the duties the care representative may undertake as a specified person but is in contradiction of the principle of section 21(7). This issue is rather complicated and I have spoken to my good friend about the manner in which these materials are presented in order to make them more accessible and easier for Members of the Oireachtas. However, this appears to address the question of providing and giving consent for the provision of relevant material for the appropriate facility. On practical grounds, it appears to be a good idea that it should be permitted.