Colm Burke (Fine Gael) | Oireachtas source

By abolishing the provision, are we opening an avenue in respect of people who are in nursing home care and who are not fully competent in the context of providing instructions as to what should be done regarding their affairs? I was involved in a case eight years ago in respect of someone who was a ward of court and who was in nursing home care. I applied to the wards of court office to issue proceedings on behalf of that person and I received a direction from that office to the effect that while I could issue a High Court writ, I was not entitled to move proceedings forward any further. I was obliged to wait until the individual had died before I could move proceedings forward and take instructions from the executor of the estate. Have scenarios of that nature been taken into account when section 6 was drafted? I accept that I am approaching this matter from a legal standpoint but I wish to discover whether circumstances such as those to which I refer are contemplated by the section.