Dáil Éireann Debate, Tuesday - 1 June 2010
207 Deputy James Reilly asked the Minister for Health and Children if she will provide advice on the procedure a person, who has applied for the fair deal scheme in respect of his or her spouse and must provide copies of bank and credit union statements, should do in view of the fact that he or she has no power of attorney to demand details of his or her spouse’s accounts; and if she will make a statement on the matter. [22901/10]
Amharc ar fhreagraUnder the Nursing Homes Support Scheme Act 2009, a person can act on behalf of their spouse in relation to an application for State support in circumstances where their spouse lacks capacity. The person does not need to have an enduring power of attorney or any other form of legal appointment in place in order to do this. This authority is set out in primary legislation; a fact which should be recognised by financial institutions when a person is compiling the documentation required to support an application on behalf of their spouse.
The issue of a person obtaining bank statements in respect of their spouse extends far beyond the scope of the Nursing Homes Support Scheme. The requirement to provide evidence of income/assets applies in respect of means-tested schemes generally, including those operated by the Department of Social Protection. To this end, the Deputy may wish to note that the Department of Social Protection provides for the appointment of an agent where a person is unable to manage their own financial affairs. It is likely that anyone who needs assistance applying for the Nursing Homes Support Scheme would already have an agent in place to assist with the collection of their pension and the management of their financial affairs.
