Seanad debates
Tuesday, 15 December 2015
Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages
11:30 am
Kathleen Lynch (Cork North Central, Labour) | Oireachtas source
Amendment 19 proposes to delete subsection (14) of section 35. Subsection 14 allows the court to revoke the appointment of a decision-making representative or vary the terms of the decision-making representation order if it considers that the representative is behaving in a manner outside the scope of authority conferred on him or her by the court. The deletion is required because new section 41(5), which deals with complaints against decision-making representatives and which was inserted by amendment 162 on Committee Stage, allows the court to make a determination that a representative shall no longer act as a decision-making representative. The review of the Bill for Report Stage has indicated that subsection (14) is unnecessary as subsection (13) of section 35 already allows the court to vary or discharge a decision-making order or representation order.
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