Assisted Decision-Making (Capacity) Act 2015
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Designated healthcare representative | ||
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87. (1) (a) Subject to subsection (2), a directive-maker may designate, in his or her advance healthcare directive, a named individual to exercise the relevant powers. | ||
(b) If the designated individual agrees to exercise the relevant powers, he or she shall sign the advance healthcare directive to confirm his or her willingness to do so in accordance with the known will and preferences of the directive-maker as determined by reference to the directive. | ||
(2) Subject to subsection (3), an individual shall not be eligible to be a designated healthcare representative if— | ||
(a) the individual has not attained the age of 18 years, | ||
(b) the individual has been convicted of an offence in relation to the person or property of the directive-maker or the person or property of a child of the directive-maker, | ||
(c) a safety or barring order has been made against the individual in relation to the directive-maker or a child of the directive-maker, | ||
(d) the individual is— | ||
(i) the owner or the registered provider of a designated centre or mental health facility in which the directive-maker resides, or | ||
(ii) a person residing with, or an employee or agent of, such owner or registered provider, | ||
unless the individual is a spouse, civil partner, cohabitant, parent, child or sibling of the directive-maker, or | ||
(e) the individual provides personal care or healthcare services to the directive-maker for compensation unless the individual is— | ||
(i) a spouse, civil partner, cohabitant, parent, child or sibling of the directive-maker, or | ||
(ii) the primary carer of the directive-maker. | ||
(3) Where, subsequent to the designation of an individual as a designated healthcare representative— | ||
(a) the individual is convicted of an offence in relation to the person or property of the directive-maker or the person or property of a child of the directive-maker, | ||
(b) a safety or barring order is made against the individual in relation to the directive- maker or a child of the directive-maker, | ||
(c) the individual becomes— | ||
(i) the owner or the registered provider of a designated centre or mental health facility in which the directive-maker resides, or | ||
(ii) a person residing with, or an employee or agent of, such owner or registered provider, | ||
unless the individual is a spouse, civil partner, cohabitant, parent, child or sibling of the directive-maker, | ||
(d) the individual provides personal care or healthcare services to the directive-maker for compensation where the individual is not— | ||
(i) a spouse, civil partner, cohabitant, parent, child or sibling of the directive- maker, or | ||
(ii) the primary carer of the directive-maker, or | ||
(e) the individual is unable, for whatever reason, to exercise the relevant powers, | ||
that individual shall not, from the date on which he or she falls within any of paragraphs (a) to (e), be permitted to exercise relevant powers. | ||
(4) A designated healthcare representative acts as the agent of the directive-maker when he or she exercises the relevant powers. | ||
(5) Unless otherwise provided in the advance healthcare directive, a designated healthcare representative shall not, with effect from the date on which an event specified in any of paragraphs (a) to (c) occurs or, in the case of an event specified in paragraph (d), at the expiry of the period referred to in that paragraph, be permitted to exercise relevant powers where the representative is the spouse of the directive-maker and— | ||
(a) the marriage is annulled or dissolved either— | ||
(i) under the law of the State, or | ||
(ii) under the law of another state and is, by reason of that annulment or dissolution, not or no longer a subsisting valid marriage under the law of the State, | ||
(b) either a decree of judicial separation is granted to either spouse by a court in the State or any decree is so granted by a court outside the State and is recognised in the State as having like effect, | ||
(c) a written agreement to separate is entered into between the spouses, or | ||
(d) subject to section 2 (2), the spouses separate and cease to cohabit for a continuous period of 12 months. | ||
(6) Unless otherwise provided in the advance healthcare directive, a designated healthcare representative shall not, with effect from the date on which an event specified in paragraphs (a) or (b) occurs or, in the case of an event specified in paragraph (c), at the expiry of the period referred to in that paragraph, be permitted to exercise relevant powers where the representative is the civil partner of the directive-maker and— | ||
(a) the civil partnership is annulled or dissolved (other than where the dissolution occurs by virtue of the parties to that civil partnership marrying each other) either— | ||
(i) under the law of the State, or | ||
(ii) under the law of another state and is, by means of that annulment or dissolution not or no longer a subsisting valid civil partnership under the law of the State, | ||
(b) a written agreement to separate is entered into between the civil partners, or | ||
(c) subject to section 2 (2), the civil partners separate and cease to cohabit for a continuous period of 12 months. | ||
(7) Subject to section 2 (2) and unless otherwise provided in the advance healthcare directive, a designated healthcare representative shall not, with effect from the expiry of the period referred to in this subsection, be permitted to exercise relevant powers where the representative is the cohabitant of the directive-maker and the cohabitants separate and cease to cohabit for a continuous period of 12 months. |