Catherine Connolly (Galway West, Independent)
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588.To ask the Minister for Children, Equality, Disability, Integration and Youth the number of enduring powers of attorney (EPA) lodged with the decision support service (DSS) since the service has been operable; the number approved; the number not approved; the number outstanding as a result of the EPA legal practitioner statement not being signed by a solicitor; all by month in tabular form; and if he will make a statement on the matter. [25564/24]

Catherine Connolly (Galway West, Independent)
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589.To ask the Minister for Children, Equality, Disability, Integration and Youth the steps he has taken to resolve the impasse between the Law Society and the Decision Support Service whereby persons are unable to complete an Enduring Power of Attorney (EPA) application following an instruction by the Law Society that solicitors are not to sign the EPA Legal Practitioner Statement; the alternative available to such persons; and if he will make a statement on the matter. [25635/24]

Catherine Connolly (Galway West, Independent)
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590.To ask the Minister for Children, Equality, Disability, Integration and Youth the reason a MyGovID is required by a person who wishes to set up an enduring power of attorney (EPA); and if he will make a statement on the matter. [25636/24]

Catherine Connolly (Galway West, Independent)
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591.To ask the Minister for Children, Equality, Disability, Integration and Youth what alternatives are available to persons who do not have an email address or online access and who wish to complete an enduring power of attorney (EPA); and if he will make a statement on the matter. [25637/24]

Anne Rabbitte (Galway East, Fianna Fail)
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I propose to take Questions Nos. 588 to 591, inclusive, together.

Parliamentary questions 25635/24, 25636/24, 25637/24 and 25564/24 are being answered together.

I recently engaged directly with both the Decision Support Service (DSS) and the Law Society in relation to Enduring Powers of Attorney and associated issues. From these engagements, it is clear that both organisations are committed to the optimal operation of the 2015 Act and where there are differences in preferred approaches to certain issues it is not the case that a fundamental impasse exists. Both parties indicated that there has been ongoing bilateral engagement since the commencement of the Act.

Under the Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act), a person applying to register an EPA with the DSS must include as one of the supporting documents a statement by a legal practitioner. This may be a statement by a practising solicitor or barrister. On 15 February 2024, the Law Society published updated guidance to its members on how to complete a legal practitioner’s statement.

I am advised that over 1200 completed EPA applications have been submitted to the DSS for registration, all of which include a legal practitioners’ statement. In approximately 75% of these applications, the donor has not retained a solicitor to make the EPA in its entirety but has still been able to take up a legal practitioner’s statement.

On the matter of a MyGovID being required to set up an EPA, it is important to first note that a person who wishes to set up an Enduring Power of Attorney is not required to have MyGovID. MyGovID is the easiest and quickest way for a person to verify their identity and get set up on the DSS system. MyGovID is the preferred option for 70% of those persons who are using the DSS services. A person who has a verified MyGovID can create their MyDSS account and be verified with the DSS in minutes. Once verified, they have access to the online application.

However, the DSS provides an alternative for those who do not have, or prefer not to use, MyGovID. This alternative is a manual identity verification process. The DSS requires a photo ID and proof of address to complete this process. These can be submitted to the DSS using an online form, or through the post. The DSS will support a person to find a workable solution so that they can progress their application.

Approximately 90% of people using the DSS services do so via the online portal. However, where a person is unable to engage with the DSS digitally they can contact the DSS about taking up a paper form and receive instructions on how to complete the relevant process manually. The DSS offers support to help answer any questions in relation to completing the form, including how to navigate scenarios where the person may not have an email address or online access.

Concerning the number of EPAs submitted to the DSS since commencement, including those which have been approved or not, and those without a signed legal practitioner statement, please see the following table: