Dáil Éireann Debate, Tuesday - 14 June 2022
1369. Deputy Seán Haughey asked the Minister for Justice if she will initiate a reform of the Powers of Attorney Act 1996, with particular reference to the list of those who can act as attorneys; and if she will make a statement on the matter. [30807/22]
Amharc ar fhreagra1370. Deputy Richard Bruton asked the Minister for Justice if her attention has been drawn to the current legislation in relation to powers of attorney which restricts the conferring of power on specified relatives and prevents persons from selecting others with whom they may prefer to trust such matters and if she will consider amending this provision. [30810/22]
Amharc ar fhreagra1376. Deputy Cian O'Callaghan asked the Minister for Justice if she has plans to review or reform the first schedule of the Powers of Attorney Act 1996 (details supplied) in light of changes in family relationships and structures; and if she will make a statement on the matter. [30860/22]
Amharc ar fhreagraI propose to take Questions Nos. 1369, 1370 and 1376 together.
Under the Powers of Attorney Act 1996, an adult who has decision-making capacity may appoint an attorney under an enduring power of attorney to make decisions on their behalf in circumstances where the person no longer has decision-making capacity.
Section 5(4) of the 1996 Act provides that an attorney under an enduring power must have attained 18 years and must not be a bankrupt, not have been convicted of certain offences, be disqualified under the Companies Acts or be the owner of a nursing home in which the donor of the power resides, or a person residing with or in the employment of the owner, unless, in that case, the person is a spouse, civil partner, parent, child or sibling of the donor. “Owner” includes a person managing the nursing home.
The 1996 Act does not otherwise restrict the appointment of a family member or relative as an attorney under an enduring power of attorney.
Section 9 of the 1996 Act provides that an attorney under an enduring power of attorney must comply with the notice requirements set out in the First Schedule of the Act before applying to court for registration of the power. These requirements include giving notice to specified family members.
The Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties.
Part 7 of the 2015 Act makes provision for new arrangements for enduring powers of attorney. When Part 7 is commenced, new enduring powers of attorney will be required to be created in accordance with the 2015 Act. It will no longer be possible to create an enduring power under the 1996 Act once Part 7 has been commenced.
The Assisted Decision-Making (Capacity) (Amendment) Bill 2022 proposes amendments to the provisions of Part 7 of the 2015 Act relating to enduring powers of attorney.
My colleague, the Minister for Children, Disability, Equality, Integration and Youth has responsibility for matters relating to the commencement or amendment of the Assisted Decision-Making (Capacity) Act 2015.
