Assisted Decision-Making (Capacity) Act 2015

29

Revocation of co-decision-making agreement and removal from Register

29. (1) A co-decision-making agreement, whether registered or not, may be revoked in whole or in part at any time by the appointer or the co-decision-maker, or both.

(2) A revocation or revocation in part of a co-decision-making agreement shall be in writing and shall be in such form as shall be F39[specified under section 31A].

(3) Subject to section 17(6), a revocation or a revocation in part of a co-decision-making agreement shall be signed by the person or persons making the revocation F39[and each such signature] shall be acknowledged by 2 witnesses and section 17(7) shall apply with the necessary modifications.

(4) Where a revocation or revocation in part is made after the co-decision-making agreement concerned has been registered, the person making the revocation shall notify the Director of the revocation or revocation in part, F39[as the case may be, and the notification, which shall be in such form as shall be specified under section 31A, shall be accompanied by the following:

(a) a statement in writing by the person making the revocation outlining his or her reasons for the revocation;

(b) if the appointer is the person making the revocation, a statement by a registered medical practitioner or a statement by such other healthcare professional as shall be prescribed by regulations made under section 31 that in his or her opinion, the appointer has capacity to revoke the co-decision-making agreement;

(c) details of the notice given pursuant to subsection (4A);

(d) information on any change in the details provided pursuant to section 21(4)(e) in the application to register the co-decision-making agreement;

(e) the appropriate fee, as prescribed by regulations made under section 31.]

F40[(4A) The person making the revocation or revocation in part of a registered co-decision-making agreement shall, at the same time as notifying the Director under subsection (4), give notice of the revocation or revocation in part, in such form as shall be specified under section 31A, to the persons specified in section 21(3).]

(5) Upon receipt of a notification under subsection (4) the Director shall—

(a) where the revocation concerns the whole of the co-decision-making agreement concerned, remove the co-decision-making agreement to which the revocation relates from the Register, and

(b) where the revocation is a revocation in part, identify on the Register the F39[extent of the revocation.]

F41[]

(6) In this section a “revocation in part” means a revocation (whether by the co-decision-maker or the appointer or both), whereby the co-decision-maker continues to act as co-decision-maker for the appointer in respect of one or more relevant decisions which are the subject of the co-decision-making agreement.

Annotations:

Amendments:

F39

Substituted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 26(a), (b), (c), (e)(i), S.I. No. 194 of 2023.

F40

Inserted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 26(d), S.I. No. 194 of 2023.

F41

Deleted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 26(e)(ii), S.I. No. 194 of 2023.