Dáil Éireann Debate, Tuesday - 16 April 2013
906. Deputy Clare Daly asked the Minister for Justice and Equality the protection afforded to persons who have signed an Enduring Power of Attorney, particularly with regard to End-of-Life and healthcare decisions; and the avenues open for citizens who believe that these attorneys are not acting in the persons best interests. [16662/13]
View answerThe High Court has a supervisory role in relation to the execution of an enduring power of attorney. Section 12 of the Powers of Attorney Act 1996 provides that the High Court, on application from the donor, attorney or an interested party, may give direction with respect to, among other things, a personal care decision made or to be made by an attorney. Section 12 also gives the High Court the power to cancel the registration of an enduring power of attorney.
The Assisted Decision-Making Bill, which will be published in the near future, will subsume and re-enact the enduring power provisions of the 1996 Act to bring them into line with the general principles of the Bill. The Bill will propose the establishment of an Office of the Public Guardian which, amongst its other functions, will have responsibilities in registering enduring powers and in supervising attorneys.
In relation to health care decisions, legislative provisions for advance healthcare directives will be incorporated into the Assisted Decision-Making (Capacity) Bill. These provisions are being drafted by officials in the Department of Health. The purpose of the advance healthcare directive provisions is to promote individual autonomy and to ensure that people receive treatment that is respectful of their will and preferences. As part of this process, it is envisaged that there will be two mechanisms whereby an adult with capacity can nominate, a legal representative who would be involved in the healthcare decision-making process on that individual’s behalf should s/he subsequently lose capacity, namely the enduring power of attorney or by nominating a patient-designated healthcare representative (usually a relative or close friend trusted by the individual) in his/her advance healthcare directive. The proposed purpose of the patient-designated healthcare representative system is to provide a more facilitative mechanism which does not require the involvement of the courts or other statutory bodies, through which an individual can appoint a legal agent for healthcare decision-making. In order to alleviate concerns about potential abuse or conflicts of interest that might arise in relation to the patient-designated healthcare representative and any decisions s/he might make regarding the treatment of the individual who nominated them, it is envisaged that the legislative provisions will include specific requirements and safeguards that need to be satisfied in order for an individual to appoint a patient-designated healthcare representative in his/her advance healthcare directive.
