The Decision Support Service (DSS) is the organisation charged with operating the provisions of the Assisted Decision-Making (Capacity) Act 2015, and as such is required to respond to the complex decision-making needs of people with capacity difficulties.
My Department is only able to provide figures of the numbers of applications of Enduring Powers of Attorney (EPAs) made to the Decision Support Service since the commencement of the Assisted Decision-Making (Capacity) Act 2015 as amended on 26 April 2023. This is because a different system was in place under the Powers of Attorney Act 1996, where EPAs were registered directly with the High Court.
In terms of EPAs registered under the 2015 Act, as amended, the figures below are correct as of 26th February 2024.
As per the table below, 697 EPAs have been submitted for registration with the Decision Support Service since 26 April 2023. A total of 2210 EPAs are deemed active, i.e. an applicant has commenced the process of making an EPA application to the DSS, and has reached at least the stage where the donor has completed the instrument and has taken up the supporting docs, including the capacity statement and legal practitioner statement to submit for registration.
In response to the concerns raised by the legal profession, it is important to note that the underlying purpose of the legislative changes under the 2015 Act, as amended, is to greatly increase the safeguarding aspect of the process and to avoid costly referral to the High Court. Amongst those safeguards, the Decision Support Service now has legislative responsibility to ensure that EPAs are appropriately articulated, registered, and notified. The DSS also holds an oversight role in relation to the operation of decision support arrangements.
In terms of persons completing the process the Decision Support Service is available to support all persons in the EPA process, including providing assistance to prospective donors, elderly persons, and legal practitioners, with application details and the online portal.
Since the commencement of the Assisted Decision-Making legislation in April 2023, there has been ongoing engagement between the Decision Support Service and the Law Society, with a view to supporting the implementation of the Act, stressing the importance of advance planning at all stages of life, and increasing understanding of the EPA making process by all stakeholders.
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Total EPA Applications created since commencement
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5176
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Total EPA Applications currently under draft by the donor
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4481
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Total EPA Applications currently active (EPA forms completed, capacity assessment undertaken, legal practitioner statement completed)
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2210
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Total EPA Applications submitted to the DSS for registration
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697
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