Enduring Powers of Attorney A person who has attained the age of 18 may appoint another person who has also attained that age as “attorney” on whom he or she confers either or both of the following: general authority to act on the donor’s behalf in relation to all or a specified part of the donor’s personal welfare or property and affairs, or both; authority […]
Court prior to acceptance of notification On application to it by any interested party, the court may, where it has reason to believe that the donor of an enduring power of attorney that has been registered lacks capacity in relation to one or more relevant decisions, exercise any power which would become exercisable on the acceptance by the Director a notification and the court may […]
Register of Enduring Powers The Director shall establish and maintain a register (of instruments creating an enduring power attorney that have been registered by him or her. The Register shall be in such form as the Director considers appropriate, but shall specify which instruments are, and which instruments are not, the subject of a notification that has been accepted by the Director. The Director shall […]
Revocation and Variation An enduring power of attorney that has been registered may be varied or revoked by the donor where the instrument creating the enduring power of attorney has not been the subject of a notification that has been accepted by the Director. A variation or revocation shall be done in such form as shall be specified by the Director. A revocation or variation of […]
Reimbursement and Remuneration Except where the court otherwise orders, a decision-making representative is to be entitled to be reimbursed from the assets of the person concerned, fair and reasonable expenses which are reasonably incurred in performing his duties as such decision-making representative. Such expenses may be approved by the Director or otherwise provided for by way of regulations made by the Minister after consultation with […]
Review The Director is to conduct a review of each co-decision-making agreement, within three months before or after its first anniversary. Thereafter, it is to be reviewed every three years. Reasonable enquiries are to be made including consultation with the parties concerned and other relevant parties. The purpose is to determine that the relevant criteria continue to apply. Statements are to be required from the relevant […]
Application to Activate On application of any interested party before registration, the court may, if it has reason to believe that the donor lacks capacity, exercise powers which would become exercisable on the registration of the instrument creating the power of attorney. It may do so whether or not the attorney has made an application to the Director for registration. Where an attorney has reason […]
Representative A directive-maker may designate, in his advance healthcare directive, a named individual to exercise the following powers. If the individual agrees to exercise the powers, he shall sign the directive to confirm his willingness to do so in accordance with the known will and preferences of the directive-maker as determined by reference to the directive. He must be over 18. He must not have been […]
Application to Register Where there is reason to believe a donor of an enduring power has become or may be becoming mentally incapable, the court may authorise the person appointed as the attorney to take steps under the instrument even though it is not yet registered. An enduring power of attorney becomes effective on registration by the Office of Wards of Court. Mental incapacity means […]
Nature of Directive Part 8 of the Assisted Decision-Making (Capacity) Act 2015 provides for Advance Healthcare Directives. An advance healthcare directive is given by a person with capacity and is an advance expression of his will or preferences concerning treatment decisions that may arise in respect of him if he or she subsequently lacks capacity. In relation to a designated healthcare representative, an advance healthcare […]
Reformed Legislation The Assisted Decision Making Capacity Act 2015 reformed legislation dating to the 19th century on the civil aspects of mental capacity. See the separate chapters on long-standing wards of courts legislation. The legislation was passed with reference to the protections afforded by the European Convention on Human Rights and Fundamental Freedoms. A Director of the Decision Support Service is established for persons who […]
Powers of Attorney Act The Powers of Attorney Act provides for an alternative to wardship. The general principle is that a power of attorney terminates when a person ceases to have mental capacity. Therefore, the traditional power of attorney is of no use in managing the affairs of a person who has ceased to be mentally competent. The Powers of Attorney Act 1996 allows for […]
Co-Decision-Making A co-decision-maker may be appointed. This is a suitable person appointed jointly to make decisions with the appointer on the appointer’s personal welfare, property or affairs or both, in accordance with regulations and specifications. A co-decision-making agreement is to be entered. Any person over 18 years, who considers that his or her capacity is in question or may shortly be in question, may appoint […]
The Assisted Decision-Making (Capacity) Act 2015 makes new provision for the grant and registration of enduring powers of attorney. After the commencement of 2015 Act, a person must create an enduring power in accordance with the 2015 Act and the 1996 Act shall not apply to them. The 2015 Act is in broadly similar terms. The power does not enter force until the donor lacks […]
Office of Director The legislation establishes the office of the Director of the Decision Support Services. The Director is appointed by the Mental Health Commission. He is to be appointed on the recommendation of the Public Appointment Service after a competition under the Public Service Management (Recruiting and Appointments) Act. He must have the appropriate qualifications, experience, training and expertise necessary to perform his functions. […]
Appointment Decision-making assistant is a person appointed to assist another who lacks capacity in making decisions on the appointer’s personal welfare, property and affairs, or both. A person who has reached the age of 18 years and who considers that his capacity is in question or may shortly be in question, may appoint another person of at least that age to assist him in making […]
Application to Court A person whose capacity is in question and any person over 18 who has a bona fide interest in his welfare, may make an application to the court. Where made by another, it is to be made on notice to the person whose capacity is in question and the persons mentioned below. The application shall not be made without the initial approval […]