Enduring power of attorney barriers
The Deputy says recent legislation failed to address practical obstacles to creating enduring powers of attorney; the Minister will seek an update from the responsible Minister.
Recent legislative developments have not addressed practical barriers that continue to delay and prevent many people from setting up an enduring power of attorney, EPA. Before the Easter recess, the Government expedited the passage of the Assisted Decision-Making (Capacity) (Amendment) Bill 2026 through the Dáil and Seanad. The Act’s primary purpose is to enable High Court to extend on a case-by-case basis the timeframe for discharge of wardship. The legislation represented a missed opportunity to address well-documented challenges within the Assisted Decision-Making (Capacity) Act 2015, particularly those seeking to establish an EPA. In principle, any individual should be able to put an EPA in place.
That is not currently the case. The process is fully digital and must be completed via a decision support service online portal. This system has proven complex and difficult to navigate. It leads to delays and, in some cases, abandonment of the process by a member of the public. The programme for Government commits to review the Act. Can the Minister confirm a timeline for delivery of this solicitor portal as per the programme for Government?
Comment on this
The Deputy has raised an important area. I will have to revert to the Minister, Deputy O’Callaghan, to get a timeline because it is not under my jurisdiction. It has progressed through the Houses significantly. We will find out where it is at for the Deputy.