Ciarán Lynch (Cork South Central, Labour)
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Question 210: To ask the Minister for Health and Children the position with regard to the fair deal legislation; when she foresees the Health Service Executive having a legislative framework to implement the scheme; the implications for the children of a dementia patient taking decisions on the patient's behalf under the present arrangements and under the planned fair deal scheme; and if she will make a statement on the matter. [3032/09]

Máire Hoctor (Tipperary North, Fianna Fail)
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The Minister published the Nursing Homes Support Scheme Bill 2008 on the 9th October and introduced it at Second Stage in the Dáil in November. It is her intention to bring the legislation through the Houses of the Oireachtas as soon as possible with a view to implementing the scheme in 2009.

The scheme provides that a person may defer contributions based on their family home, or other Irish land-based assets, for the duration of their lifetime. This benefit is referred to as "Ancillary State support". The provision of Ancillary State support is subject to a Charge being placed against the asset concerned.

Those in long-term care under the current arrangements can continue with those arrangements if they so wish. Under the new arrangements set out in the Nursing Homes Support Scheme Bill, if a person wishes to avail of Ancillary State support and is of diminished mental capacity, they will require a care representative to act on their behalf unless they are already a Ward of Court or already have a registered Enduring Power of Attorney in place. A care representative is a person appointed by the Circuit Court to act on behalf of a person who is of diminished mental capacity. The care representative can act on behalf of the person in relation to (i) an application for Ancillary State support, (ii) consenting to the creation of the charge against the asset concerned and (iii) matters relating to the Nursing Homes Support Scheme generally. A care representative may not act on behalf of a person in relation to matters outside of the Nursing Homes Support Scheme.

The Nursing Homes Support Scheme Bill sets out the basis for determining mental capacity and appointing a care representative. It also stipulates the people who may act as a care representative as follows: the spouse or partner of the person, a parent of the person, a child of the person, a brother or sister of the person, a niece or nephew of the person, an aunt or uncle of the person, a registered medical practitioner or such other health practitioner (other than the proprietor of a nursing home in which the person resides or is likely to reside) as appears to the Court to be a fit and proper person to make the application.

The list operates in descending priority although a person with a greater priority may consent to an application by a person of lower priority.