3025. Deputy Maeve O'Connell asked the Minister for Children, Disability and Equality to state the procedure by the decision support service to enable an emergency application to set up an enduring power of attorney under the Assisted Decision-Making (Capacity) Act 2015. [58396/26]

3026. Deputy Maeve O'Connell asked the Minister for Children, Disability and Equality the number of emergency applications to set up an enduring power of attorney received by the decision support service since the enacting of the Assisted Decision-Making (Capacity) Act 2015 and the establishment of the decision support service. [58397/26]

3027. Deputy Maeve O'Connell asked the Minister for Children, Disability and Equality the number of emergency applications to set up an enduring power of attorney received by the decision support service, each year since the enacting of the Assisted Decision-Making (Capacity) Act 2015 and the establishment of the decision support service. [58398/26]

I propose to take Questions Nos. 3025 to 3027, inclusive, together.

I thank the Deputy for their question regarding the creation of Enduring Powers of Attorney (EPAs) in emergency circumstances. Ensuring that individuals can register their EPAs as efficiently as possible is key to the functioning of the Decision Support Service, in particular when those EPAs are required urgently in an emergency situation.

Although the Assisted Decision-Making (Capacity) Act 2015 was enacted in December 2015, it was not commenced until April 2023, at which time the DSS began operations. The DSS did not receive any EPA applications prior to 26 April 2023. Prior to the commencement of the 2015 Act, the making of EPAs were governed by the Powers of Attorney Act 1996.

In the three years since the commencement of the DSS, and having now received more than 11,500 EPAs for registration, the DSS has received three (as of 23 July 2026) queries concerning applications in urgent circumstances. The DSS provided practical support to ensure that applicants in each of these situations were facilitated with access to MyDSS accounts and online application forms on an urgent basis.

In that regard, where it is perceived that a donor’s capacity to make an EPA is rapidly diminishing or may be affected by an imminent event, such as proposed surgery, the DSS provides practical support to ensure that applicants in these situations are facilitated in making an application on an urgent basis. By using the MyDSS portal, it is possible to create an EPA instrument, access and subsequently complete the statutory supporting documents prefilled with the donor’s details in a single day.

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