Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Under the Powers of Attorney Act 1996 an adult who has capacity may appoint an attorney under an enduring power of attorney to make decisions on his or her behalf in circumstances where the person loses capacity. The adult may give the attorney the authority to make personal welfare decisions which include decisions as to who the person may or may not see. If a carer has not been appointed as an attorney under an enduring power with such authority, the carer cannot deny access to the person with dementia. Section 12(4) of the Powers of Attorney Act 1996 gives the court, on application to it by an interested party, the power to cancel the registration of an enduring power of attorney for any good and sufficient reason.

The legislation on enduring powers of attorney is being reformed in the context of the Assisted Decision-Making (Capacity) Bill 2013. The Bill will require attorneys to abide by the guiding principles of the Bill which ensure that the will and preferences of the person with capacity difficulties are given due consideration. The Bill will also require attorneys to be subject to supervision by the Office of the Public Guardian which will have the role of registering enduring powers of attorney. The Bill which is currently awaiting Committee Stage in the Dáil and my aim is to have this Bill enacted this year.