Assisted Decision-Making (Capacity) Act 2015
Objections to registration
71. (1) Any of the persons referred to in section 68(3), or any other person who appears to the Director to have sufficient interest or expertise in the welfare of the donor, may, no later than 5 weeks from the date on which notice is given in accordance with that provision, notify the Director that he or she objects to the proposed registration.
(2) An objection under subsection (1) shall be F96[in such form as shall be specified by the Director under section 79A] and shall be accompanied by such fee as shall be prescribed by regulations made under section 79 and may be made on one or more of the following grounds:
(b) that the notice requirement of F97[…] section 68(3) was not complied with;
(c) that the donor F96[lacks] capacity;
(d) that fraud, coercion or undue influence was used to induce the donor to execute the instrument creating the enduring power of attorney;
(e) that a false statement is included in the instrument creating the enduring power of attorney or the application to register the instrument;
(f) that the attorney is not a suitable person within the meaning of section 59(6).
(3) Where the Director receives an objection in accordance with subsection (2), made within the period specified in subsection (1), he or she shall—
(a) review the objection,
(b) consult F96[with the donor] and, where the Director considers it is appropriate to do so, F96[with the attorney], and
(c) consult with such other persons as he or she considers relevant,
(i) where he or she is of the view that the objection is not well founded, F96[notify the donor, the attorney and the person who made the objection] of his or her view, provide reasons for that view and proceed, subject to section 69(1), to register the instrument concerned, or
F96[(ii) where he or she is of the view that the objection is well founded, notify the donor, the attorney and the person who made the objection of his or her decision and refuse to register the enduring power of attorney.]
F96[(5) A person who has been notified under subsection (3) of the Director’s decision may, not later than 21 days after the date of issue of the notification by the Director, appeal the decision concerned to the court.]
(6) Upon an appeal under subsection (5), the court may—
F96[(a) where the Director has made a decision to which subsection (3)(i) refers—
(i) declare that the objection is well founded and require the Director to remove the instrument concerned from the Register, or
(ii) affirm the decision of the Director,
(b) where the Director has made a decision to which subsection (3)(ii) refers—
(i) declare that the objection is not well founded and require the Director to proceed to consider, in accordance with section 69, whether the instrument creating the enduring power of attorney should be registered, taking the court’s declaration into account, or
(ii) affirm the decision of the Director and declare that the instrument creating the enduring power of attorney should not be registered, or]
(c) make such other declaration or order as it considers appropriate.
Substituted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 58(a)(i), (ii), (iv), (b)(i),(I), (II), (ii), (iii), (d), (e), S.I. No. 194 of 2023.
Deleted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 58(a)(iii), (c), S.I. No. 194 of 2023.