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

Amendments Nos. 30 to 42, inclusive, and amendments Nos. 44 and 45 propose to align the provisions relating to decision-making assistants with those already agreed for co-decision makers. Amendment No. 30 is intended to clarify that a person must be 18 years or over to be appointed as a decision-making assistant, reflecting the responsibility involved in supporting decision-making by a vulnerable person. I propose amendment No. 31 arising from the consultations held with disability groups last month. A request was made that a relevant person should be able to have more than one decision-making assistant. I explored the feasibility of the request and I am pleased to propose an amendment which will allow a person to appoint more than one decision-making assistant. This will enable an elderly mother to appoint all of her children to act as decision-making assistants and to have the right to source information on her behalf.

Amendment No. 32 proposes to delete subsections (6) to (12), inclusive. This is to align the provisions on assisted decision-making with those already agreed for co-decision-making. Amendment No. 33 proposes to align the categories of persons who will not be eligible to be decision-making assistants with those agreed for co-decision- makers. The provisions are largely similar to those already in place in regard to decision-making assistants.

Amendment No. 34 proposes that a decision-making assistant's agreement will be null and void if there is a decision-making order, decision-making representation order, advanced health care directive or a registered enduring power of attorney already in place in respect of the decisions encompassed by the decision-making assistant agreement. The reason for this amendment is if a person has a decision-making representative to take decisions on these matters it confirms that the relevant person lacks capacity to make these decisions.

Amendment No. 35 proposes to insert a new section 13 to align the categories of persons disqualified from being decision-making assistants with those already agreed for co-decision-makers; for example, a spouse or civil partner will be disqualified if they separate from the relevant person and if the marriage or civil partnership is dissolved. Similarly, a cohabitant will be disqualified if they separate from the relevant person. These provisions are intended to protect the relevant person against a former partner seeking to use the person's incapacity to gain control over the person's property and affairs. The provisions are largely similar to those already set out in the Bill in regard to decision-making assistants. As a new provision they provide for the situation in which a civil partnership is annulled or dissolved in a State other than Ireland. The ex-civil partner would be disqualified from acting as a decision-making assistant in these circumstances.

Section 13 retains the provision which disqualifies persons from being decision-making assistants if they have had for example safety or barring orders issued against them in respect of the relevant person. The existing provisions preventing a person from acting as a decision-making assistant on property and affairs, if convicted of fraud, etc., is also retained.

Amendment No. 35 seeks to make clear that the functions of a decision-making assistant will be as specified in the decision-making agreement. It is intended to underline the control that will continue to be exercised by the relevant person over the agreement. As previously indicated, he or she will be free to revoke the agreement at any time. Amendment No. 36 is intended to make clearer that the decision-making assistant’s role will be to assist the appointer in terms of accessing relevant information. Relevant information is defined as information to which the appointer is entitled and that is needed for the purposes of the decision. The objective is to ensure that a decision-making assistant does not seek to use the role to source other information that is not relevant to the decision. Amendment No. 37 is a technical amendment to clarify the intent of the provision. Amendments Nos. 38 to 42, inclusive, are drafting amendments to make the provisions clearer. Amendment No. 44 inserts a new provision to clarify that a relevant decision is the appointer’s decision even if taken with a decision-making assistant.

Amendment No. 45 proposes to insert a new section 12 dealing with complaints in relation to decision-making assistants. The new section mirrors section 27 of the Bill which deals with complaints against co-decision-makers. The proposed new section sets out new provisions enabling complaints to be made about the suitability or conduct of decision-making assistants. Provision is made here for the director, having been satisfied that a complaint is well-founded, to apply to court for a determination. An additional safeguard is provided by allowing the director to investigate a matter and bring it to court notwithstanding that no complaint has been received.