Assisted Decision-Making (Capacity) Act 2015

F119[Matters to be specified by Director in relation to enduring powers of attorney

79A

79A. (1) The Director may, with the consent of the Minister, specify in writing the following:

(a) the form of an instrument creating an enduring power of attorney;

(b) the form of application under section 68(2) to register an instrument;

(c) the form of notice under section 68(3) of an application to register an instrument;

(d) the form of notice by a donor, or, with his or her written consent, his or her attorney, under section 69(9);

(e) the form of an objection under section 71(2) to the registration of an instrument;

(f) the form under section 71A(1) to notify the Director that a donor lacks capacity in relation to one or more relevant decisions that are the subject of an instrument creating an enduring power of attorney that was registered by the donor;

(g) the form of notice under section 71A(3) of a notification to the Director;

(h) the form of an objection under section 71B to the acceptance of a notification by the Director;

(i) the form of notice by an attorney under section 71C(9);

(j) the form of variation or revocation under section 73(2) of an enduring power of attorney;

(k) the form of a request to the Director under section 73A(1)(i);

(l) the form of a request to the Director under section 73A(1)(ii) and the accompanying written notice of revocation to which section 73A(2)(e) refers;

(m) the form of notice under section 73(4A) of revocation of an enduring power of attorney;

(n) the form of notice under section 73A(6);

(o) the form of a report under section 75 to be submitted by an attorney to the Director,

and the forms may contain such further information as the Director considers appropriate.

(2) When making a specification under subsection (1), the Director shall—

(a) take into account the guiding principles specified in section 8 and the other provisions of this Act,

(b) ensure that the forms are easy to read and to understand,

(c) ensure that the forms are made available in accessible formats, and

(d) take into account the different persons or classes or persons that will be using or reading the forms.]

Annotations:

Amendments:

F119

Inserted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 69, S.I. No. 194 of 2023.