Bernard Durkan (Kildare North, Fine Gael)
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Question 147: To ask the Minister for Health and Children the way a person who has made a will to bequeath their home to a non-relative five years before the enactment of the Nursing Home Bill 2009 is expected to be affected by the act; if the beneficiary is affected; and if she will make a statement on the matter. [43901/09]

Áine Brady (Kildare North, Fianna Fail)
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A will is a legal instrument which enables a person to make decisions on how their estate will be managed and distributed after their death. However, the presence of a will does not preclude a person from disposing of their estate prior to their death.

As such, a person such as that described by the Deputy can still apply for the Nursing Homes Support Scheme if they wish. If they avail of the Nursing Home Loan, this debt would be discharged from their estate prior to it being distributed to the beneficiaries of the will.