Dáil Éireann Debate, Tuesday - 27 February 2024
402. Deputy Richard Bruton asked the Minister for Children, Equality, Disability, Integration and Youth if he is aware that many lawyers are refusing to sign papers creating an enduring power of attorney, where citizens have drawn up their own documentation, which is leaving these documents with no valid application; and if he has any plans which might overcome this problem. [8783/24]
Amharc ar fhreagraThe Deputy's question relates to the legal practitioner statement that is statutorily required under section 60(1)(b) of the 2015 Act. This is needed as part of the application process for the registration of an EPA, made under the 2015 Act, with the Decision Support Service.
The Decision Support Service (DSS) reports that in most cases solicitors have been providing these statements for donors, including where the solicitor has not been instructed in the creation of the EPA instrument itself. As of the 8th of February 529 completed EPAs were in the DSS queue pending review and registration, and in the majority of cases the donor has created their own instrument and only required the solicitor to provide the supporting statement, which has been secured.
However, I am informed that the DSS is aware of anecdotal accounts of some solicitors who have declined to provide these statements where that solicitor has not also been retained to draw up the EPA itself, despite it being statutorily permissible to so.
The section 60(1)(b) statement is one feature of a process incorporating several layered safeguards under the 2015 Act.
The legal profession can play an important role in promoting the uptake of EPAs and the pursuit of advance planning, helping to improve on the comparatively low level of take-up of EPAs under the Powers of Attorney Act 1996.
In that regard I was pleased to note that in May 2023, the Law Society published guidance in relation to EPAs and that it has now issued an updated Practice Note on EPAs on 15 February 2024.
The DSS has engaged extensively and proactively with the Law Society, and more generally in the public domain, to promote a good understanding of the new statutory requirements and processes concerning EPAs, and has recently offered information sessions to all of the regional bar associations.
I thank the Deputy for raising this issue as it is important to ensure that persons intending to create EPAs are not impeded in accessing this vital tool for advance planning in order to ensure that their will and preferences are understood and respected.
