Written answer
Departmental Reviews
650. Deputy Denise Mitchell asked the Minister for Children, Disability and Equality to consider a review of the enduring power of attorney process to address the reluctance of many legal practitioners to engage with it, to make it more accessible and understandable to the general public; the improvements that could be made to make the process clearer and more efficient; and if she will make a statement on the matter. [51168/26]
Comment on this
I thank the Deputy for their question regarding Enduring Powers of Attorney (EPAs) under the Assisted Decision-Making (Capacity) Act 2015. EPAs are a vital advance planning tool that enable adults to plan ahead for a time when they may have diminished decision-making capacity, ensuring that a person’s wishes are known and respected.
The Decision Support Service (DSS) has statutory responsibility for the operation of many of the provisions of the 2015 Act including the registration of EPAs. Ensuring that the application system for decision support arrangements is as user-centric and as accessible as possible is a priority for my Department and is central to the work of the DSS.
My Department has had extensive engagement with the legal profession, through the Law Society of Ireland, in respect of the EPA application process. It is the prerogative of any donor to instruct a solicitor in the making of their EPA, although it is important to note that this is not a requirement of the 2015 Act. Solicitors can access the online portal on behalf of their client, should they be engaged to complete the EPA process from end-to-end.
In cases where a solicitor has not been engaged end-to-end, donors have still been able to take up the legal practitioner statement, which is a required supporting document of all EPA applications. 18% of all registered EPAs since commencement have had solicitor assistance, with 82% of EPAs registered having been completed without solicitor assistance.
For those who wish to apply without engaging a solicitor from end-to-end, the dedicated EPA helpdesk established by the DSS in 2024 serves to ensure that individuals who require additional assistance in completing an online EPA application are supported in doing so. Furthermore, in February 2026, the DSS launched a dedicated new website - www.myepa.ie - designed to guide individuals step by step through the process of creating an EPA in a clear and accessible way. The site brings together all relevant information and supports in one place and is intended to assist donors, attorneys, family members and solicitors alike in understanding their options and responsibilities. It also provides guidance on future planning and offers reassurance that support is available throughout the process. This, alongside helpful instructional videos and other guidance material ensures that all adults wishing to plan for the future are supported in doing so. In that regard almost 7,000 EPAs have been registered by the DSS since April 2023, with the approximately 80% of these registered across 2025 and 2026. This demonstrates an increasing awareness of the importance of advance planning, an increasing uptake by adults, and an improved efficiency in the application process.
The 2015 Act requires that a review of the operation and effectiveness of the Act must take place no later than five years after its commencement. That review, which will commence this year, will be extensive, will consider all aspects of the Act, and, most importantly, will be informed by those with lived experiences of the provisions of the Act and by wider stakeholders including the legal profession.
I look forward to continued engagement with all stakeholders to ensure that those who face diminished decision-making capacity are enabled to retain as much autonomy over their lives as possible, and have their wishes documented and respected.