Brendan Griffin (Kerry South, Fine Gael)
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557. To ask the Minister for Justice and Equality if she will consider tightening the law in an area (details supplied) in County Kerry; and if she will make a statement on the matter. [21740/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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My Department is currently preparing for Committee Stage of the Assisted Decision-Making (Capacity) Bill 2013 which sets out a new legal framework for facilitating and supporting decision-making by adults who have difficulty in making decisions unaided.

The Bill will provide greater options to address the decision-making needs of a range of vulnerable adults such as persons with Alzheimer’s disease, intellectual disability or mental illness and also persons who have acquired brain injuries through trauma or accident. Its enactment will be a key element in enabling Ireland to ratify the UN Convention on the Rights of Persons with Disabilities.

The Bill provides a capacity test which will be used by the court and by healthcare professionals to determine whether or not a person has capacity. Where a person is suffering from Alzheimer's disease and lacks the capacity to make decisions without some form of assistance, there will be a number of support options available. The court will be able to appoint a decision-making representative to take specified decisions on the person's behalf where the court finds that the person lacks capacity to take such decisions. A person will also be able voluntarily to appoint a co-decision-maker to take decisions jointly with him or her. In addition, a person will be able, as at present, to appoint an attorney under an enduring power of attorney to take decisions once the person no longer has capacity.

Where the court has appointed a decision-making representative or where an enduring power of attorney has been registered, it will no longer be possible for the person with Alzheimer's disease to take decisions or to sign documents in relation to the decisions for which a decision-making representative or an attorney have been appointed. Similarly, the person will have to take decisions and to sign documents jointly with the co-decision-maker on matters encompassed by the co-decision-making agreement.

The Bill does not give any intervener the right to become involved in the making of a person’s will and the normal avenues available to those who wish to contest a will remain open.

Decision-making representatives, attorneys and co-decision-makers will all be answerable to the Office of the Public Guardian.

Committee Stage is scheduled for 17 June and it is my expectation that the Bill will be enacted this year.