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Dáil
‹ Ceisteanna ar Pholasaí nó ar Reachtaíocht - Questions on Policy or Legislation

Enduring power of attorney amendments

Summary

Deputy Daly said the new registration regime for enduring powers of attorney is cumbersome and asked if the rules on simultaneous presence and notice requirements would be amended. The Taoiseach was unsure of the legislative status and promised to come back with a further reply.

Since April, any enduring power of attorney must be registered with the Decision Support Service. While people need an email, Government ID, a PPS number and statements from the donor, the doctor, the solicitor, the barrister and the attorney, and rightly so because safeguards have to be in place, some problems have begun to arise. Under section 60, the attorney, the two witnesses and the donor must all be in the presence of each other at the same time. Will this be amended because it is becoming very cumbersome in practice? Under section 61, whereas previously notice had to be given to two people, notice must now be given to any children who are over 18 and, as we know, where families are estranged, this could cause difficulty. In addition, are there plans to allow representatives or solicitors to have an online account, as is the case with the injuries board, because many people need assistance in completing the forms?

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Leo Varadkar The Taoiseach Fine Gael

If it is okay, I will come back to the Deputy with a further reply. I am not exactly sure where that legislation is and whether there is still time to consider amendments or not.

Comment on this

It has gone through.

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Leo Varadkar The Taoiseach Fine Gael

I will come back to the Deputy with a further reply, if that is okay.

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