Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

Amendments Nos. 20 to 22, inclusive, extend the capping of decision-making representative fees to all decision-making representative arrangements under Part 5 of the principal Act. Previous amendments provided for the capping of panel members' decision-making representative fees. This amendment will ensure limits are imposed in respect of all decision-making representative fees. Regulations may be prescribed to set the limit of fees to be charged, and these will be drafted to ensure a proper balance between fair and reasonable rates of remuneration and the interest of the relevant person's estate. In the majority of cases, decision-making representatives will not be remunerated for their work as the Act foresees a close and personal relationship as a condition of appointment. However, where circumstances require and where it is the express wish of a relevant person, fees are payable and will be met from the assets of the relevant person. In such circumstances it is vitally important to set limits and to safeguard these assets. I understand there may be particular circumstances where these limits may need to be exceeded, and the amending provisions allow that this can occur but only when authorised by the decision support service.