Frances Black (Independent) | Oireachtas source

I move amendment No. 2:

In page 9, between lines 11 and 12, to insert the following: “Amendment of section 3 of Principal Act

5.The Principal Act is amended by the substitution of the following section for section 3:

“Recognition of legal capacity

3. (1) Legal capacity means the ability to hold rights and duties and to exercise these rights and duties.

(2) The exercise of legal capacity may be achieved either—

(a) by the relevant person, acting legally independently, and with decision-making supports and reasonable accommodation as needed, or

(b) by the person(s) appointed to support the relevant person in exercising his or her legal capacity, and

(c) where capacity falls within the purview of paragraph (b) there shall be a requirement that the decision be guided by the decision-making assistant, co-decision-maker, decision-making representative, attorney or designated healthcare representative’s best interpretation of the relevant person’s will or preferences and how these are to be applied to a specific decision(s),

in applying paragraph (c), ‘best interpretation’ means the interpretation of the relevant person’s behaviour and/or communication that seems most reasonably justified in the circumstances. Decision-making assistants, co decision-makers, decision-making representatives, attorneys, or designated healthcare representatives must be able to provide a reasonable account of how this interpretation was arrived at.”.”.