Assisted Decision-Making (Capacity) (Amendment) Act 2022

Amendment of section 41 of Principal Act

34. Section 41 of the Principal Act is amended by the insertion of the following subsection after subsection (2):

“(3) Notwithstanding subsection (2), a decision-making representative appointed in circumstances where section 38(1)(a) or section 55(4) applies shall ensure, in so far as is practicable, that he or she jointly makes decisions with the relevant person.”.