Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage
Seanad Éireann — 2022-09-28
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Tom Clonan (IND), University of Dublin

I refer to amendment No. 32 to section 51, which is based on section 59(5) of the principal Act. Before I mention the proposed insertion, subsections (5A) and (5B) are explicit in that they prescribe that the power of attorney does not have any role in terms of consenting to or refusing treatment for the donor, that a donor shall not, in an enduring power of attorney, even purport to give that power, and that any provision of a power of attorney relating to such purported power shall be null and void. It is very restrictive. It means that treatment decisions can only be provided for in an advance healthcare directive. The insertion I propose is that, notwithstanding the provisions of subsections (5A) and (5B), the donor may authorise the attorney to consent to or refuse treatment for the donor where a solicitor certifies that the donor has received independent advice and sincerely and specifically wants to include this provision within the scope of the enduring power of attorney. Last April, the Joint Committee on Children, Equality, Disability, Integration and Youth recommended that health and medical treatment decisions be retained in the scope of an enduring power of attorney.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2022-09-28/debate/main
Retrieved: 2026-08-14T04:51:05+00:00
Sitting date: 2022-09-28