James Reilly (Dublin North, Fine Gael)
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Question 214: To ask the Minister for Health and Children the position regarding a matter (details supplied). [25063/10]

Mary Harney (Dublin Mid West, Independent)
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Under the Nursing Homes Support Scheme Act 2009, a specified person can act on behalf of the applicant in relation to an application for State support in circumstances where the applicant lacks capacity. The person does not need to have an enduring power of attorney or any other form of legal appointment in place in order to do this. This authority is set out in primary legislation; a fact which should be recognised by financial institutions when a person is compiling the documentation required to support an application.

The issue of a person obtaining bank and credit union statements in respect of another extends far beyond the scope of the Nursing Homes Support Scheme. The requirement to provide evidence of income/assets applies in respect of means-tested schemes generally, including those operated by the Department of Social Protection. To this end, the Deputy may wish to note that the Department of Social Protection provides for the appointment of an agent where a person is unable to manage their own financial affairs. It is likely that anyone who needs assistance applying for the Nursing Homes Support Scheme would already have an agent in place to assist with the collection of their pension and the management of their financial affairs.