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Dáil

Written answer

Departmental Data

Summary

Correctly completed enduring powers of attorney are generally registered within five months, with the shortest recorded time being five weeks and two days.

3024. Deputy Maeve O'Connell asked the Minister for Children, Disability and Equality the shortest, longest and average length of time it takes to set up an enduring power of attorney with the decision support service from the initial application. [58395/26]

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Emer Higgins Minister of State at the Department of Children, Disability and Equality Fine Gael

I thank the Deputy for their question regarding Enduring Powers of Attorney (EPA) applications. 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 registration of an EPA incorporates a number of important safeguards as part of the statutory process governed by the Assisted Decision-Making (Capacity) Act 2015. This includes requirements for a signed statement by a medical practitioner regarding the donor's capacity, a statement by a legal professional ensuring the adult understands the implications of the EPA, as well as a statutory 5-week notice period. A correctly completed EPA will usually be reviewed for registration by the Decision Support Service within approximately 5 months, which includes the 5-week mandatory notice period. Applications have been registered with the DSS in as short a time as 5 weeks and 2 days (which is again inclusive of the mandatory 5-week notice period, which applies in every case).

EPA applications can vary in registration time due to errors in some EPAs submitted to the DSS. The DSS is required to carry out a detailed review of EPAs submitted. This ensures that it can be implemented appropriately should the donor lose capacity. Applications that are submitted with errors cannot proceed to registration until the statutory criteria for registration has been met. The DSS always engages with any applicants who require assistance in rectifying such errors and provides them with the time to arrange to have these errors amended.

It should also be noted that, as an EPA is an advance planning tool, between submission and registration the donor should not require their EPA to be invoked. If that changes, and the donor loses capacity, the attorney should inform the DSS so that registration can be expedited and the second stage activation (called the notification) of the EPA can be progressed. The DSS has published procedures on expedited EPAs on its website at: www.decisionsupportservice.ie/sites/default/files/2025-06/Procedure%20for%20urgent%20expedited%20EPAs%2026.06.25%20-%20FINAL.pdf

The DSS keeps all of its timelines and processes under review. Any person looking to make an EPA application or having difficulties in making their submission, can contact the dedicated EPA helpdesk by freephone at +353 (01) 211 975 or by email at [queries@decisionsupportservice.ie] where they will be guided through the process step by step.

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