Darragh O'Brien (Dublin Fingal, Fianna Fail)
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235. To ask the Minister for Health the legal position with regard to the provision of ongoing essential services by the State to an adult 18 years of age with recognised special needs, should their parents or guardians pre-decease them; and if he will make a statement on the matter. [11929/16]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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237. To ask the Minister for Health the legal position with the provision of ongoing essential services by the State to a child under 18 years of age with recognised special needs, should their parents or guardians pre-decease them; and if he will make a statement on the matter. [11931/16]

Finian McGrath (Dublin Bay North, Independent)
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The care and protection of children, including children whose parents have died, is the responsibility of my colleague, the Minister for Children and Youth Affairs and the Child and Family Agency (Tusla). Tusla’s responsibilities include implementing the provisions of the Child Care Act 1991, which provides for the admission into care of children whose parents have died, and the provision of alternative forms of care, including foster care and residential care. Policy issues that affect children across a range of essential State services, including early childhood care and education, youth justice and child welfare and protection also come under the remit of the Minister for Children and Youth Affairs, while other Departments, including the Department of Health and the Department of Education and Skills, have responsibilities for the provision of relevant services to all children, including those with special needs and those whose parents have died.

An adult’s access and entitlement to essential State services, including health-funded services, does not depend on whether their parents or guardians have pre-deceased them. The Assisted Decision-Making (Capacity) Act 2015, which is under the aegis of my colleague, the Minister for Justice and Equality, recognises the decision-making capacity of all adults, including those who require or may require assistance in exercising their decision-making capacity, whether immediately or in the future. Under the Act, a person who requires such assistance can appoint a person to assist, co-decide or represent them for the purpose of making a decision.

The Act, when commenced, will also see the establishment of a Decision Support Service which will support decision-making by, and for, adults with capacity difficulties. The current wards of court system will be replaced under the new legislation and people will be able to avail of the decision support option most appropriate to his or her needs. The Act will apply to all adults, including those with high support needs, in all health and social care settings.