Assisted Decision-Making (Capacity) Act 2015

30.

Complaints in relation to co-decision-makers

30. (1) A person may make a complaint in writing to the Director concerning one or more of the following matters:

(a) that the co-decision-maker has acted, is acting, or is proposing to act outside the scope of his or her functions under the co-decision-making agreement;

(b) the suitability of a co-decision-maker in relation to an appointer;

(c) a co-decision-making agreement not being in accordance with the will and preferences of an appointer;

(d) that an appointer did not, at the time of entry into the co-decision-making agreement, have capacity to make a decision to enter into the agreement;

(e) that fraud, coercion or undue pressure was used to induce an appointer to enter into the co-decision-making agreement;

(f) that an appointer has capacity in respect of one or more of the decisions which are the subject of the co-decision-making agreement without the assistance of a co-decision-maker;

(g) that an appointer no longer has capacity in respect of one or more than one of the decisions which are the subject of the co-decision-making agreement even with the assistance of the co-decision-maker.

(2) Following the receipt of a complaint under subsection (1), the Director shall carry out an investigation of the matter which is the subject of that complaint and—

(a) where he or she is of the view that the complaint is well founded, make an application to the court for a determination in relation to any matter specified in the complaint, or

(b) where he or she is of the view that the complaint is not well founded, notify the person who made the complaint of that view and provide reasons for same.

(3) A person who receives a notification under subsection (2)(b) may, not later than 21 days after the date of issue of the notification, appeal a decision of the Director that the complaint is not well founded to the court.

(4) The Director may, notwithstanding that no complaint has been received, on his or her own initiative carry out an investigation and make an application to the court for a determination in relation to any matter specified in subsection (1).

(5) The court may—

(a) pursuant to an application to it under subsection (2)(a) or (4), or

(b) pursuant to an appeal under subsection (3),

make a determination in relation to a matter specified in subsection (1) and may, if it considers it appropriate, determine that a co-decision-maker shall no longer act as such in relation to the appointer concerned.