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

Amendment No 190 inserts a new section 70, removal of instrument from the register. It mirrors provisions in section 26 that deal with the removal of co-decision-making agreements from the register following revocation. Subsection (1) sets out the circumstances in which the director shall remove from the register of enduring powers an instrument that has been revoked or where the attorney has been disqualified. Subsection (2) sets out what happens in regard to the register when there is more than one attorney appointed under the enduring power of attorney or where the donor has nominated an alternative attorney.

Amendment No 191 inserts a new section 71, regulations. This new section pulls together in one section the matters that must be prescribed by the Minister. These are currently scattered throughout the part.

Amendment No. 192 inserts a new section 72, offences in regard to enduring powers of attorney. It mirrors similar sections in the co-decision-making and the advance health care directives parts. A person who uses fraud, coercion or undue influence to force another person to make, vary or revoke an enduring power will be guilty of an offence. A person who makes a statement in connection with the creation or registration of instrument creating an enduring power, which he or she knows to be false will also be guilty of an offence. This is an important protection for a donor.

Amendment No. 193 inserts a new section, transitional provisions. New section 73 provides for the transitional arrangements between the Bill and the Powers of Attorney Act 1996. It provides that, following the commencement of this part, no further enduring powers of attorney may be created under the 1996 Act. That is fairly straightforward.