Pearse Doherty (Donegal, Sinn Fein)
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555. To ask the Minister for Children, Equality, Disability, Integration and Youth when HSE funding will be allocated for approved assisted living for a person (details supplied) in County Donegal; the reason for the delay; and if he will make a statement on the matter. [17867/24]

Anne Rabbitte (Galway East, Fianna Fail)
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As this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.

The Deputy will likely be aware that the industrial action by certain Fórsa grades in the HSE has been suspended. The HSE has indicated that they have recommenced issuing replies to questions but there is a significant backlog of PQs to be responded to and has advised that they are working to get through these as soon as possible while at the same time managing the volume of current PQs.

Anne Rabbitte (Galway East, Fianna Fail)
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I propose to take Questions Nos. 556 to 562, inclusive, together.

I thank the Deputy for his questions regarding the operation by the Decision Support Service ("DSS") of certain application process set out in the Assisted Decision-Making (Capacity) Act 2015 ("the 2015 Act"), which I will address together. As the Deputy will be aware, the abolition of wardship and the move towards a rights-based model of tiered supports is a landmark legal reform in how Ireland approaches persons with capacity difficulties.

The DSS is responsible for the processing of certain decision support arrangements under the 2015 Act, including Enduring Powers of Attorney ("EPAs") and Co-Decision-Making Agreements ("CDMAs").

The following tables reflect applications received and processed by the DSS since commencement of the 2015 Act on 26 April 2023, in response to the Deputy's questions.

1. The number of EPA applications solely by online means; and by other means since the establishment of the Decision Support Service.

** Applications are classified as ‘active’ at the point when the substantive EPA instrument has been finalised by the applicant using the online process, or by the DSS where the applicant has used the manual process and the DSS has created an online entry for the applicant, and where the statutory supporting documents have been generated on the system by the applicant/DSS.

The DSS has developed a range of resources to support online EPA applicants, including a suite of 10 step by step explanatory videos to guide them through the process.

2. The number of decision support arrangement applications submitted to the Decision Support Service from 26 April 2023 – 17 April 2024: monthly and total.

LEGEND:

• EPA = enduring power of attorney
• CDMA= co-decision-making agreement
• DMAA = decision-making assistance agreement
• DMRO = decision-making representation order made by the court.

Following submission for registration, a statutory 5-week notice period for objections applies to both EPAs and CDMAs. Before registering a CDMA or EPA, the DSS is required to undertake a review to include examination of any objections received and to ensure compliance with the statutory requirements and the eligibility and suitability of the co-decision-maker or attorney(s) among other matters. These are important safeguarding measures.

The DSS is responsible for registering but does not ‘approve’ DMROs which are valid when issued by the court. DMROs are notified to the DSS by the court for the DSS to enter on its register. The breakdown of DMRO figures is based on the date a case for the order was created by the DSS for the purposes of registration. The Courts Service holds the data on the number of DMROs that have been made to the courts.

4. Enduring power of attorney applications submitted to the Decision Support Service from 26 April 2023 – 17 April 2024

Note: An application is considered to be submitted when it has been sent to the DSS for review and registration. An applicant has 3 months from the execution of the EPA to apply to register it with the DSS.

5. The number of enduring power of attorney applications approved by the Decision Support Service since commencement.

6. The number of co-decision-making agreement applications submitted to the Decision Support Service from 26 April 2023 – 17 April 2024.

Note: CDMAs are new voluntary decision-support arrangements, entered into by the ‘appointer’ who considers that his or her capacity is or may shortly be in question and the co-decision-maker who is a relative or friend in an established relationship of trust. A co-decision-making agreement is a binding legal agreement; once the CDMA is registered, a relevant decision that is included in the CDMA must be made jointly. An appointer should not enter into a CDMA unless he or she requires a co-decision-maker in order to make the relevant decisions included in the CDMA. This is consistent with the guiding principles, which emphasise minimal restriction of rights and freedoms, and that all practicable steps should be taken to help a person to decide autonomously. An applicant for a CDMA is required to supply a number of supporting documents, including a capacity statement from a medical or other healthcare professional, character references and statements of understanding and undertaking. An applicant has 5 weeks from the signing of the CDMA to apply to

7. Co-decision-making agreement applications that have been approved by the Decision Support Service from 26 April 2023 – 17 April 2024

The registration of a CDMA takes place following the 5-week statutory notice period and review by the DSS. The DSS notifies the applicants where it is of the view that criteria for registration are not satisfied, allowing them to respond to address any issues.

It should be noted that applications for Decision-Making Representation Orders (DMROs) are not processed by the DSS, but rather through the Circuit Court under Part 5 of the 2015 Act. There is no application process required for Decision-Making Assistance Agreements (DMAAs) under Part 3 of the 2015 Act, nor for Advance Healthcare Directives (AHDs) under Part 8.