Noel Ahern (Dublin North West, Fianna Fail)
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Question 122: To ask the Minister for Justice, Equality and Law Reform the position regarding enduring powers of attorney; the reason a person wishing to appoint a person with power of attorney over their affairs must notify all relatives of such appointment; his views on the recommendations of the Law Reform Commission in its report on vulnerable adults and the law; if he will introduce changes of law to allow named persons not to be so notified (details supplied); and if he will make a statement on the matter. [21939/09]

Dermot Ahern (Louth, Fianna Fail)
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Section 9 of the Powers of Attorney Act 1996 provides that an attorney under an enduring power must comply with the notice requirements set out in the First Schedule of the Act before applying to the court for registration of the power. Section 3 of the First Schedule provides that certain classes of person, who are related to the donor of the power by blood or marriage, are entitled to receive notice of the court application. An application to dispense with this notice requirement for particular individuals may be made by the attorney to the court under section 4(2) of the First Schedule, which the court may grant if satisfied that it would be undesirable or impracticable to give such notice or where no useful purpose is likely to be served by giving it.

Section 10 of the Act provides that those given notice may make a formal objection to the registration of the power, which the court must take into account. An objection may be made on a number of grounds including fraud, undue pressure and the unsuitability of the attorney. This is an important safeguard to protect vulnerable persons from exploitation.

The Scheme of the Mental Capacity Bill, which I published in September 2008, provides for reform of this area of the law. The Scheme takes account of the recommendations made in the Law Reform Commission's Report on Vulnerable Adults and the Law. The Government's Legislation Programme announced on 22 April 2009 indicates that publication of the Bill is expected in late 2009.