Assisted Decision-Making (Capacity) Act 2015
Persons who are not eligible to be decision-making representatives | ||
39. (1) Subject to subsection (2), a person shall not be eligible for appointment as a decision-making representative if he or she— | ||
(a) has been convicted of an offence in relation to the person or property of the relevant person 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 relevant person 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 registered provider of a designated centre or mental health facility in which the relevant person resides, or | ||
(ii) residing with, or an employee or agent of, such owner or registered provider, as the case may be, | ||
unless the person is a spouse, civil partner, cohabitant, parent, child or sibling of the relevant person, or | ||
(g) has been convicted of an offence under section 34 , 80 , 90 or 145 . | ||
(2) Subsections (1)(c), (d) and (e) shall not apply as respects the appointment of a person as a decision-making representative in respect of relevant decisions concerning personal welfare matters only. |