Dáil Éireann Debate, Tuesday - 21 March 2017
134. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality when Part 7 of the Assisted Decision-Making (Capacity) Act 2015 relating to enduring powers of attorney shall be commenced; and if she will make a statement on the matter. [13449/17]
View answerThe Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties and is being commenced on a phased basis. It is intended that significant progress will be made in 2017 on the implementation of the new decision-making support options provided for in the Act. New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission, must be put in place before the substantive provisions of the Act come into force. A high-level Steering Group comprising senior officials from my Department, the Department of Health and the Mental Health Commission is overseeing the establishment and commissioning of the Decision Support Service.
Part 7 of the Act provides for new enduring powers of attorney provisions that expand the powers provided for under the Powers of Attorney Act 1996 to include healthcare matters and to provide for oversight of attorneys. Until Part 7 of the Act has been commenced, enduring powers of attorney can continue to be created under the Powers of Attorney Act 1996.
