Vol. 458 No. 5
90 Mr. S. Brennan asked the Minister for Equality and Law Reform the proposals, if any, he has under the Powers of Attorney Bill, 1995, regarding current powers of attorney where the patient has a progressive illness and would be unable to execute a new power of attorney; the effect of the enactment of any new legislation or the existing Act on current powers of attorneys in these circumstances; and if he will make a statement on the matter. [17126/95]
Under the present law a power of attorney is automatically revoked upon the donor of the power becoming mentally incapable. In the type of case mentioned by the Deputy, where the donor has a progressive illness and is unable to execute a new power of attorney, the existing power would therefore have already been revoked. These revoked powers cannot be revalidated retrospectively by legislation.
I should add that the Powers of Attorney Bill 1995, which is now before the Seanad, provides for powers of attorney that come into force on the donor becoming mentally incapable. However, an essential condition for enabling such powers of attorney to be granted is that adequate safeguards are provided against possible abuse both at the stage when they are being granted and after they have come into force.
