Seán Kyne
Question:778. Deputy Seán Kyne asked the Minister for Justice and Equality if legal aid will be provided for persons seeking orders from the circuit court under the proposed new assisted decision making legislation. [46259/13]
View answerTuesday, 5 November 2013
Questions (778, 779, 780)
Seán Kyne
Question:779. Deputy Seán Kyne asked the Minister for Justice and Equality if the new office of the guardian, proposed under the assisted decision making bill will charge court fees for such services as the provision of affidavits. [46260/13]
View answerSeán Kyne
Question:780. Deputy Seán Kyne asked the Minister for Justice and Equality if consideration has been given to introducing new legislation governing power of attorney which would make the procedure less costly and more efficient, especially for families of those suffering from dementia and other such illnesses. [46261/13]
View answerWritten answers
I propose to take Questions Nos. 778, 779 and 780 together.
The Assisted Decision-Making (Capacity) Bill 2013 sets out a new legal framework for facilitating and supporting decision-making by adults who have difficulty in making decisions unaided.
The Bill re-enacts the provisions of the Powers of Attorney Act 1996 to bring the law on enduring powers of attorney into line with the Bill's guiding principles which seek to safeguard the person's autonomy to the greatest extent possible. My objective is to ensure that these provisions will be as cost-effective and efficient as possible.
Where interventions under the Assisted Decision-Making (Capacity) Bill involve the courts, the usual court fees will apply. The Bill makes provision for the limited extension of the civil legal aid scheme to capacity proceedings. The Legal Aid Board will not apply a merits test when a party to the proceedings applies for legal aid. However, the general means test will still apply.