Seanad debates

Tuesday, 15 December 2015

Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages

 

11:30 am

Photo of Caít KeaneCaít Keane (Fine Gael) | Oireachtas source

A number of amendments have been tabled. My question goes back to an amendment tabled by Senator Norris on the previous day on legal representation afforded to people if their funds are dwindling and have dwindled without their notice. I asked about the financial reports. The Minister of State said they would now be given to the director. Obviously the director will hand them on to the Mental Health Commission. Does the Bill provide that if a ward of court is awarded a fund or a certain amount of money, that money can be invested and dwindle?

We had a long debate here the last day on how the funds can dwindle while the person concerned knows nothing about it until he or she is told there is no more. Is there a facility for persons to take a legal case saying they want to know their business and want an annual report put in front of them? An annual report is a small thing to ask for. Is this provision written into the Bill and, if so, where is it? If not, it should be in it.

The Bill should provide that persons who are awarded the money and the persons assisting them are given an annual report by the director and the Mental Health Commission to let them know the wherewithal of their funds. If it is not there, do they have the right, given that it is under the Legal Aid Board, to take a case, because persons should have a right to know this?

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