Michael Ring (Mayo, Fine Gael)
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295. To ask the Minister for Children, Equality, Disability, Integration and Youth if he will amend the regulations in relation to the signing and witnessing of enduring powers of attorney; and if he will make a statement on the matter. [49123/23]

Anne Rabbitte (Galway East, Fianna Fail)
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The Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act), and the The Assisted Decision-Making (Capacity) (Amendment) Act 2022 (the 2022 Act), were commenced on 26th April this year. The 2015 Act abolishes the wards of court system for adults and replaces it with a system of tiered and rights based decision-making supports.

There are currently no plans to make amendments to section 60 of the 2015 Act, though my Department is closely monitoring the initial phase of operation of the new legislation, which must be given time to bed down.

Section 60 deals with the content and witnessing of Enduring Powers of Attorney (EPA) under the 2015 Act, which allows a person to appoint an attorney to effect decisions on their behalf, such as personal welfare and property and affairs decisions, should they be unable to make them in future. The witnessing of EPAs is an important safeguard under the 2015 Act, and is central to ensuring that both witnesses are present along with the donor and the attorney when the EPA is being signed. This is crucial for the protection of donor, along with the other safeguards set out under Part 7 of the 2015 Act.

The Decision Support Service (DSS), which is the organisation that operates the provisions of the 2015 Act, is responsible for processing applications for new EPAs. The DSS are available to clarify any issues that arise in relation to the procedures and processes governing EPAs and have been working closely with legal practitioners and the Law Society in this regard.