Seanad debates

Wednesday, 9 December 2015

Assisted Decision-Making (Capacity) Bill 2013: Committee Stage

 

10:30 am

Photo of Jillian van TurnhoutJillian van Turnhout (Independent) | Oireachtas source

I have one concern about amendment No. 154 in this group. It provides that a decision making representative can not only be remunerated for expenses incurred in the performance of his or her duties but also if approved by the court. This payment will be made from the assets of the relevant person rather than by the State. I am concerned that this violates the constitutional right of the relevant person to private property. In addition to the human rights violation in having one's legal capacity to make decisions removed, the amendment ensures the person whose right to make decisions is being removed will also have to pay for the privilege of this violation through his or her own assets. I ask the Minister of State to reconsider the amendment.

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