Assisted Decision-Making (Capacity) Act 2015
Persons who are not eligible to be attorneys
65. (1) A person shall not be eligible for appointment as an attorney under an enduring power of attorney if he or she—
(a) has been convicted of an offence in relation to the person or property of the person who intends to appoint an F86[attorney, or the person or property of a child of that person],
(b) has been the subject of a safety or barring order in relation to the person who intends to appoint an F86[attorney, or a child of that person],
(c) is an undischarged bankrupt or is currently in a debt settlement arrangement or personal insolvency arrangement or has been convicted of an offence involving fraud or dishonesty,
(d) is a person in respect of whom a declaration under section 819 of the Act of 2014 has been made or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act,
(e) is a person who is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Act of 2014, by virtue of that Chapter or any other provisions of that Act,
(f) is a person who is—
(i) the owner or the registered provider of a designated centre or mental health facility in which the intending donor resides, or
(ii) residing with, or an employee or agent of, such owner or registered provider,
unless the person is a spouse, civil partner, cohabitant, parent, child or sibling of the intending donor, or
(2) Subsection (1)(c), (d) and (e) shall not apply where it is proposed to confer authority only in relation to personal welfare matters.
Substituted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 53(a), (b), (c), S.I. No. 194 of 2023.