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Version status: In force | Document consolidation status: No known changes
Version date: 20 October 2021 - onwards
Version 2 of 2

13. Application by partner for appointment of family successor

The Principal Act is amended by the insertion of the following section after section 14J (inserted by section 12):

"14K.

(1) This section applies where -

(a) a family successor has been appointed in respect of a person (in this section referred to as the 'relevant person') in relation to a particular family asset,

(b) the period to which the undertaking given by that family successor in relation to the particular family asset under section 14A(3)(d), 14F(8)(b), 14G(4)(b) or 14H(5)(b) relates has not expired,

(c) the Executive has made a determination under section 7(8)(a) that the relevant person's partner (in this section referred to as 'the partner') needs care services,

(d) the Executive has made a determination under section 11(1) in relation to the partner, and

(e) the partner is receiving care services.

(2) On the application of the partner, the Executive shall -

(a) if satisfied that the conditions in subsection (3) are met, appoint the person specified in the application as the family successor in respect of the partner in relation to the interest that the partner and the relevant person has or had in the particular family asset, or

(b) if not so satisfied, refuse the application.