Gary Gannon (Dublin Central, Social Democrats)
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874. To ask the Minister for Children, Equality, Disability, Integration and Youth the guidance his Department offers to individuals seeking to establish legal decision-making processes for elderly relatives to ensure that their wishes are respected and upheld; and if he will make a statement on the matter. [44216/24]

Anne Rabbitte (Galway East, Fianna Fail)
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On the 26th of April 2023 the Assisted Decision-Making (Capacity) Act 2015 was commenced, along with the Assisted Decision-Making (Capacity) (Amendment) Act 2022, marking a milestone for Ireland in bringing an end to wardship in the State for adults by repealing the Lunacy Regulation (Ireland) Act 1871 and replacing the wards of court system with the new process for appointing tiered decision support arrangements that is now in effect.

The Decision Support Service (DSS) commenced its operations in April 2023 and has statutory responsibility for the operation of many of the provisions of the Act. Under the legislation there are different levels or tiers of agreements an individual can enter into, depending on their particular circumstances and needs, and whether the help required relates to basic day-to-day decisions or more complex issues.

In that regard the DSS has responsibility for the processing and registration of decision making assistance agreements which allow a person to appoint someone they trust to assist if there are certain decisions they find difficult to make on their own. As an elevated tier of support co-decision-making agreements enable individuals to choose someone they know and trust to act as a co-decision-maker where decisions are made jointly. Enduring powers of attorney are also available where people would like to plan ahead for the future.

Advanced healthcare directives can also be made which enable people to document their wishes about healthcare and medical treatment decisions in case they are unable to make these decisions at some time in the future.

Additionally, the DSS has responsibility for the registration of decision-making representation orders notified to them by the Courts, whereby the Court may appoint a decision-making representative to a person to make certain decisions on their behalf, taking into account their wishes, should that person be unable to make certain decisions even with someone else’s support.

Improved safeguarding and ensuring a human rights-based approach to assisted decision-making were key considerations in the development of the Act. In replacing the outdated wardship system it is crucial to ensure that capacity is assessed on an issue and time-specific basis in a manner that privileges the will and preference of the person being supported.

The protection of the will and preference of the relevant person is at the centre of the Act, and in that regard it is not open for a decision supporter to arrange for treatment or care of a person against that person's will and preference. The new system of decision support arrangements is supporting people to continue to exercise control over their daily affairs and to carry on with lives of their choosing, even in the context of diminished capacity.

The DSS is committed to providing effective support and assistance to all individuals seeking to put in place a decision support arrangement. The DSS website (www.decisionsupportservice.ie) provides an array of guidance material that clearly explains the different decision-making arrangements that may be put in place. Applicants with additional queries are encouraged to contact the DSS at 01 211 9750 or at queries@decisionsupportservice.ie should they require any assistance or advice.