Nursing Homes Support Scheme Act 2009

F40[Transitional provisions regarding care representatives

21A

21A. (1) On and after the date of the coming into operation of section 102 of the Assisted Decision-Making (Capacity) (Amendment) Act 2022 (in this section referred to as the "relevant date"), a person may not apply to the court under section 21(4)(a) for an order appointing him or her to be a care representative.

(2) Where—

(a) a care representative was appointed in respect of a person, and

(b) on or after the relevant date a decision-making representative is appointed under the Assisted Decision-Making (Capacity) Act 2015 (in this section referred to as the "Act of 2015") in respect of the person and in respect of a matter to which section 21 applies that is also specified in the order appointing the care representative,

then—

(i) the decision-making representative shall, as soon as may be after his or her appointment, give notice to the care representative and the Executive of his or her appointment and provide him, her or it, as the case may be, with a copy of the decision-making representation order, and

(ii) for as long as the decision-making representation order is in force, and unless otherwise provided for in the decision-making representation order, the care representative shall not act as such, and the order appointing the care representative shall not apply, in respect of the matter.

(3) Where—

(a) a care representative was appointed in respect of a person, and

(b) on or after the relevant date the Director of the Decision Support Service has, under section 71C of the Act of 2015, accepted a notification in relation to an enduring power of attorney where the attorney is not prohibited or restricted by the terms of the power from performing any matter to which section 21 applies and which matter is also specified in the order appointing the care representative,

then—

(i) the attorney shall, as soon as may be after the acceptance by the Director of the notification, give notice to the care representative and the Executive of that acceptance and provide him, her or it, as the case may be, with a copy of the enduring power of attorney, and

(ii) for as long as the enduring power of attorney is in force, the care representative shall not act as such, and the order appointing the care representative shall not apply, in respect of the matter.]

Annotations

Amendments:

F40

Inserted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2023), s. 102(b), S.I. No. 194 of 2023.