Assisted Decision-Making (Capacity) Act 2015
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Persons who are not eligible to be decision-making assistants | ||
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11. (1) A person shall not be eligible for appointment as a decision-making assistant 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 him or her, | ||
(b) has been the subject of a safety or barring order in relation to the person who intends to appoint him or her, | ||
(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 decision-making assistant 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 decision-making assistant, | ||
(g) has been convicted of an offence under section 34 , 80 , 90 or 145 , or | ||
(h) previously acted as decision-making assistant for the person who intends to appoint a decision-making assistant and there was a finding by the court under this Part that he or she should not continue as decision-making assistant for that person. | ||
(2) Subsection (1)(c), (d) and (e) shall not apply where it is proposed to give the person functions relating to personal welfare only. |