James Lawless
Ceist:1451. Deputy James Lawless asked the Minister for Children, Equality, Disability, Integration and Youth if he will examine a matter (details supplied); and if he will make a statement on the matter. [38618/23]
Amharc ar fhreagraMonday, 11 September 2023
Ceisteanna (1451)
Freagraí scríofa
The Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act), and the The Assisted Decision-Making (Capacity) (Amendment) Act 2022 (the 2022 Act), were commenced on 26th April this year. The 2015 Act abolishes the wards of court system for adults and replaces it with a system of tiered and rights based decision-making supports.
One type of decision-making supports available under the 2015 Act is Enduring Powers of Attorney, which allows a person to appoint an attorney to effect decisions on their behalf, such as personal welfare and property and affairs decisions, should they be unable to make them in future.
The Decision Support Service (DSS), which is the organisation that operates the provisions of the 2015 Act, is responsible for processing applications for new Enduring Powers of Attorney. Noting that many elderly people will indeed be making Enduring Powers of Attorney, the DSS is fully available to all persons making these applications, and can support persons who may need assistance with applications or who may not wish to use digital means to make an application, such as older persons, through the process. It is not mandatory for the donor to make their Enduring Power of Attorney application online, there is an option to complete a paper based application, which can be supported by the DSS.
Whether a person chooses to engage a solicitor to help them with their application, is a matter for each individual. There is no requirement under the legislation to require a person to engage a solicitor, other than for the completion of the legal practitioner statement on behalf of the donor. This reflects the intention of the Act to make the establishment of supports less formal and more affordable and accessible.
The 2015 Act, including Part 7 concerning Enduring Powers of Attorney, contains a range of balanced safeguards over and above those that featured in the Powers of Attorney Act 1996 and are designed to protect the interests of the donor. These include oversight by the Decision Support Service, reporting requirements, and a robust complaints mechanism. Mandatory notice requirements in the 2015 Act, as amended, are designed to assist in addressing potential issues regarding a decision support arrangement at key stages during the relevant process. The completion of the legal practitioner statement by a solicitor for an Enduring Power of Attorney is one such safeguard, and importantly ensures that the donor fully understands the implications of making an Enduring Power of Attorney and that the donor can revoke or change the power.
Initial data from the DSS indicates that there has been a strong uptake of Enduring Power of Attorney applications under the 2015 Act, with over 400 applications received in the first few months of operation.
The DSS are available to clarity any issues that arise in relation to the procedures and processes governing Enduring Powers of Attorney and have worked closely with legal practitioners and the Law Society in this regard.