Seanad debates

Wednesday, 9 December 2015

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

 

10:30 am

Photo of Colm BurkeColm Burke (Fine Gael) | Oireachtas source

I thank the Senators involved for bringing forward the amendment. As a practising solicitor, I have some concerns about it from my own experience which includes attending a nursing home to have a document granting power of attorney signed, only to find that the person concerned was not at all happy about signing it. I did not get it signed but two days later in my office I found a signed document granting power of attorney which had been witnessed by the matron of the nursing home. I can assure Senators that the document went into the shredder, which was the appropriate place for it. That is going back many years. I, therefore, have some concerns about how this provision will be interpreted in the sense that different people will give different interpretations to it and the intentions of the person concerned. While I accept that a lot of work has been done on this matter by the Senators concerned and that the issue needs to be looked at, I have concerns.

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