Assisted Decision-Making (Capacity) Act 2015
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Persons who are not eligible to be co-decision-makers | ||
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18. (1) Subject to subsection (2), a person shall not be eligible for appointment as a co-decision-maker 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 a co-decision-maker, 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 a co-decision-maker 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 person who intends to appoint him or her as co-decision- maker 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 person who intends to appoint him or her as co-decision-maker, | ||
(g) has been convicted of an offence under section 34 , 80 , 90 or 145 , or | ||
(h) previously acted as co-decision-maker for the person who intends to appoint a co-decision-maker and there was a finding by the court that he or she should no longer act as co-decision-maker for that person. | ||
(2) Paragraphs (1)(c), (d) and (e) shall not apply where the co-decision-making agreement relates only to relevant decisions concerning personal welfare. |