I welcome the Minister of State, Deputy Grealish, to Seanad Éireann this morning. The issue I wish to raise is in relation to the Decision Support Service, DSS, and the registration system for enduring power of attorney, EPA. It is quite a technical matter. It stems from a meeting I had with a constituent during a clinic late last year in my office in Ballina. The Minister of State will know that an EPA is a legal arrangement that can be set up by a person to allow someone they know and trust to look after their property and financial affairs or their personal welfare decisions or both if they lose the capacity to make those decisions in the future. They just register the EPA with the DSS.

The challenge with the system as it currently is, in the example of the constituent I had in my office, sadly, his wife was diagnosed with dementia. He had to engage with enduring power of attorney to have power of attorney over the decisions of his wife, whom he has been caring for. This man is very accomplished and competent and has members of his family working in the law - capable people. To say the process of registering for power of attorney was difficult is an understatement. It was incredibly arduous and difficult, with technical jargon. One of the main challenges is that people who require the power of attorney are generally elderly. They grew up without any real use of computers in their generation. They did not have the use of technology we all enjoy and avail of today. They are expected to have impeccable digital literacy as well understanding complex legal jargon, which causes huge stress. It is a very difficult and challenging part of their lives when their spouse is losing capacity to make decisions for themselves. There are plenty of issues with the system as it stands.

There are suggestions I would like to bring to the floor today. One is to make it more user-friendly from a digital point of view. We should engage with Age Friendly Ireland and other agencies that can help inform decision-making. The second is some type of opt-out process so that everyone, on marriage, has power of attorney over their spouse but either one can opt out at any time. It is potentially a better way of circumventing this system as it is currently because there are huge difficulties with it. Some of the recommended changes to the current system include opening the portal for the client's legal representative to make submissions on their behalf if requested and to ensure a medical capacity assessment is completed prior to the execution and not after that fact. Third is to ensure the legal terminology in the process is user-friendly and appropriate to the population using the portal, not just legal eagles, and ensuring response to all submissions is appropriate to the age and disability cohorts. In the example I am aware of, the man was between five and six months waiting for a response and then the response asked for more information. It was totally unacceptable. These are very time-limited scenarios when you are at a stage of life when your spouse is in declining health - you would expect priority and a strong response. The final point is to ensure the computer programme is adequate to the system requirements. It is a technical ask but only until you encounter it - I was not aware of it until this gentleman came to my office but it is something I want to lend my support to. He has got through the whole process and he shared with me so that others do not have to go through the difficult process he experienced. Like I said, he is very competent from a legal and literacy background but still found it incredibly difficult. I welcome the Minister of State's contribution.

I thank Senator Duffy for raising this important issue. Enduring power of attorney is a vital advance planning tool that enables adults to plan ahead for a time when they may have diminished decision-making capacity, creating a record of a person’s wishes so that they are known and respected. Ensuring that the enduring power of attorney application process is accessible for all individuals is of the utmost importance in encouraging and enabling people to put enduring power of attorney in place.

The Decision Support Service has responsibility for the processing and registration of enduring power of attorney under the Assisted Decision-Making (Capacity) Act 2015. It has taken a number of steps to improve the enduring power of attorney application process and provide guidance to help people as they make their application. Both the Department and the Decision Support Service have engaged with a wide range of stakeholders to understand experiences of the Act and to identify and address any difficulties that may be arising. In the main, experiences have been extremely positive but action has been taken to address barriers to accessing services and supports where they have arisen.

Taking on board feedback, in July 2024 a new accessibility policy was implemented by the Decision Support Service. This includes a dedicated enduring power of attorney help desk service to ensure that individuals who require additional assistance in completing an online enduring power of attorney application are supported in doing so. This enhanced help desk service was introduced to ensure that the application process is as efficient and user-friendly as possible and ensures that anyone in need of assistance at any stage of the application process is supported as necessary, including scenarios in which enduring power of attorney is required urgently. In addition to the help desk, instructional videos and other helpful guidance material on the Decision Support Service website have also been developed.

In 2026, the Decision Support Service will launch a dedicated enduring power of attorney one-stop-shop website to help adults plan ahead and make their own enduring power of attorney with confidence, clarity and support. The new website will bring together existing resources onto one accessible and easy-to-use platform which has been designed specifically to bring people on a step-by-step journey through the process of creating enduring power of attorney under the Decision Support Service’s purpose-built digital system. However, the accessibility policy does not preclude the use of manual applications for all applicants. Those who are unable to utilise the online application portal whether due to accessibility or digital literacy reasons are facilitated in making an enduring power of attorney application manually, which ensures that no adult is excluded.

As of the end of December 2025, 5,075 enduring powers of attorney were fully registered by the Decision Support Service, with just under 90% of these registrations having taken place since the introduction of the accessibility policy. Encouraging adults to engage in advance planning is central to the work of the Decision Support Service. Enduring powers of attorney have proven to be the most popular type of decision support arrangement to put in place. This is encouraging as it indicates growing awareness of the importance of advance planning and the benefits it can bring when diminished decision-making capacity becomes a reality. The Decision Support Service intends to continue promoting and highlighting the importance of advance planning throughout 2026, having developed useful, easy-to-read and informative material to support all adults to plan ahead. A recent survey carried out by the Decision Support Service indicated that over 75% of adults would make an enduring power of attorney if they had more information and over 30% intend to make enduring power of attorney within three years. The material developed by the Decision Support Service along with its plans to further promote and spread awareness of the services it provides will assist in harnessing those intentions and will provide a clear pathway for people to have their wishes documented and fulfilled should it become necessary. The primary concern of the 2015 Act is to deliver appropriate, safe, rights-based supports and that those wishing to avail of those supports are facilitated in doing so and the steps taken to implement the legislation reflect that.

I thank the Minister of State for his comprehensive reply. The main point of me raising this issue is that it becomes as stress-free and easy to use as possible. I welcome the proposed measures in relation to additional supports later this year with the launch of the website and the one-stop-shop support. I would like to see as much public consultation and engagement as possible. The gentleman who put it on my radar has a lot to offer with his contribution and experience. He wants to share that experience so that no one has to suffer the arduous and emotive experience he did at a difficult time of his life, with additional stress, frustration and difficulty in the laborious process that is or at least was in place for him.

He wants to make sure that does not happen for other people in the future. I hope that some of these measures can address that.

I would welcome public consultation on this matter or an opportunity for stakeholder engagement in order to allow those who have had difficult experiences to share them and to ensure that the interventions and proposals being put forward address the issues this man outlined. I would also welcome the further promotion of EPAs generally for individuals and couples whose health is not in decline but who will be prepared if, God forbid, that happens at some point down the line. That would be a very good measure for families in the context of their making plans for the future.

I again thank the Senator for raising this matter. I dealt with a similar case in my office where an individual had to come in and go through the process with us. I know it is important. I will bring this matter to the attention of the Minister. There will be a public consultation period. I am sure people will put in their submissions, particularly those who have an issue with this. I thank the Senator for raising this important matter, which is a priority.

Every adult should consider putting in place an EPA. Only 8% of Irish adults have done that so far. Work is ongoing with the officials in the Department and the Decision Support Service to highlight the importance of advancing planning to ensure that those who face diminished decision-making capacity are able to retain as much autonomy over their lives as possible and have their wishes documented and respected. I will bring the issues the Senator raised back to the Department.