Seanad debates

Tuesday, 29 November 2022

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report Stage

 

1:00 pm

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

Amendments No. 23 and 24 ensure that there is clarity regarding the appointment of care representatives under the Nursing Homes Support Scheme Act 2009, particularly those appointed after the enactment and commencement of this Bill. In that regard, this group of amendments chiefly improves continuity and transitional provision. Following commencement of the amended 2015 Act, care representative applications may no longer be made to the court under the Nursing Homes Support Scheme Act 2009. However, care representative transitional arrangements introduced on Committee Stage allow for applications made prior to commencement to be processed to completion. A small number of care representatives may still be appointed following commencement where an existing application was in process prior to commencement.A care representative appointed before commencement may be replaced by certain decision supporters under arrangements provided for in the Bill. The amendments seek to clarify that care representatives appointed after commencement may also be replaced under the same arrangement. This is to ensure there is no ambiguity with regard to care representatives whose applications were completed following commencement and a clear delineation of responsibilities with regard to a relevant person's affairs. Amendments Nos. 25 and 26 are minor technical amendments to clarify language and grammar in the Bill.

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