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

Amendment of section 99 of Principal Act

84. Section 99 of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (2):

“(2) A special visitor shall be—

(a) a registered medical practitioner who has particular knowledge, expertise and experience as respects the capacity of persons, or

(b) a person who, although not a registered medical practitioner, is, in the opinion of the Director, a person who has particular knowledge, expertise and experience as respects the capacity of persons,

who may assist the Director in performing his or her supervisory function referred to in section 95(1)(e), in performing his or her functions under section 96, or in undertaking assessments of capacity where the Director brings an application under Part 5 in relation to a declaration of capacity.”,

(b) in subsection (3), by the substitution of “section 95(1)(e) and in performing his or her functions under section 96” for “section 95(1)(e)”,

(c) in subsection (4), by the substitution of “Minister” for “Minister for Health”, and

(d) in subsection (5)—

(i) in paragraph (a), by the substitution of “person,” for “person, or”,

(ii) in paragraph (b), by the substitution of “section 48, or” for “section 48”, and

(iii) by the insertion of the following paragraph after paragraph (b):

“(c) any other person specified in the direction (who may include a family member or a provider of a service) who the Director considers is necessary to visit to obtain further information about the relevant person,”.