Nursing Homes Support Scheme Act 2009

47.

Authority of person to act on behalf of another person.

47.— (1) Subject to subsections (2), (4) and (9), a specified person may act on behalf of another person in relation to any matter under this Act, including, but not limited to, any application, appeal, review or the giving of consent under section 7(13) , where that other person is not of full mental capacity.

(2) The Executive may refuse to deal with a person purporting to be a specified person acting on behalf of a person to whom an application for State support relates (the relevant person) unless the first-mentioned person satisfies the Executive that the first-mentioned person is in fact a specified person acting on behalf of the relevant person.

(3) When the Executive refuses under subsection (2) to deal with a person purporting to be a specified person, it shall, not later than 10 working days after the refusal, give both the specified person and the relevant person notice in writing of the decision and the reasons for the decision.

(4) The Executive may refuse to deal with a specified person in respect of a relevant matter if the Executive is not satisfied that the specified person is acting in the best interests of the relevant person in respect of that matter.

(5) When the Executive refuses under subsection (4) to deal with a specified person in respect of a relevant matter, it shall, not later than 10 working days after the refusal, give the specified person and the relevant person notice in writing of the decision and the reasons for the decision.

(6) Subject to subsections (2) and (4), no provision of this Act shall operate to prevent the Executive from dealing with a specified person, and anything done by the specified person shall be binding upon the person on whose behalf the action was taken.

(7) In this section, “specified person”, in relation to a person, means—

( a) where the person is a ward of court, the Committee of the Person of the ward, duly authorised in that behalf,

( b) a person appointed by a relevant person to be his or her attorney under an enduring power of attorney and—

(i) the attorney is not prohibited or restricted by the terms of the power from performing any matter to which this section applies, and

(ii) the enduring power of attorney has been registered and the registration has not been cancelled,

( c) a care representative appointed pursuant to an application under section 21 ,

( d) where the person is a member of a couple, the other member of the couple,

( e) a relative of the person who is not less than 18 years of age,

( f) a next friend appointed by a court,

( g) a legal representative of the person, or

( h) a registered medical practitioner, a registered nurse or registered social worker.

(8) The categories of person who may act as a specified person referred to in paragraphs (a), (b) and (c) of subsection (7) shall have priority over the categories of person referred to in paragraphs (d) to (h) of subsection (7) but a person referred to in paragraphs (a) to (c) of such subsection may consent in writing to a person with lesser priority acting as a specified person.

(9) Subsection (1) shall not operate to permit a person—

( a) to act as a care representative unless that person is appointed as a care representative under section 21 , or

( b) to make a request that ancillary State support be paid unless that person is appointed as a care representative under section 21 .