Written answers

Tuesday, 25 February 2025

Department of Children, Equality, Disability, Integration and Youth

Assisted Decision-Making

Photo of Catherine ArdaghCatherine Ardagh (Dublin South Central, Fianna Fail)
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816. To ask the Minister for Children, Equality, Disability, Integration and Youth the total number, by month of the number of enduring power of attorney that have entered into force, that is, have been activated pursuant to section 71C of the Assisted Decision-Making Capacity Act 2015, as amended as of 31 January 2025, since the Decision Support Service's establishment, in tabular form; and if she will make a statement on the matter. [8135/25]

Photo of Catherine ArdaghCatherine Ardagh (Dublin South Central, Fianna Fail)
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817. To ask the Minister for Children, Equality, Disability, Integration and Youth the breakdown of the total number, by month of applications for the creation of an enduring power of attorney that have been registered pursuant to section 69 of the Assisted Decision-Making Capacity Act 2015, as amended as of 31 January 2025, by month, since the Decision Support Service's establishment, in tabular form; and if she will make a statement on the matter. [8136/25]

Photo of Catherine ArdaghCatherine Ardagh (Dublin South Central, Fianna Fail)
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818. To ask the Minister for Children, Equality, Disability, Integration and Youth the breakdown of the total number, by month of applications, for the creation of an enduring power of attorney that have been completed, that is, application for registration submitted pursuant to section 68(1) of the Assisted Decision-Making Capacity Act 2015, as amended as of 31 January 2025, since the Decision Support Service's establishment, in tabular form; and if she will make a statement on the matter. [8137/25]

Photo of Catherine ArdaghCatherine Ardagh (Dublin South Central, Fianna Fail)
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819. To ask the Minister for Children, Equality, Disability, Integration and Youth the total number of applications for the creation of an enduring power of attorney that are active on the Decision Support Service system as of 31 January 2025; and if she will make a statement on the matter. [8138/25]

Photo of Catherine ArdaghCatherine Ardagh (Dublin South Central, Fianna Fail)
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820. To ask the Minister for Children, Equality, Disability, Integration and Youth the breakdown of the total number, by month of applications, for the creation of an enduring power of attorney that have been attempted or begun or initiated in any way on the DSS portal, in the period 1 January 2024 up to 1 January 2025, but in respect of which there has been no user activity for a period in excess of six weeks and where the application remains uncompleted, in tabular form; and if she will make a statement on the matter. [8139/25]

Photo of Catherine ArdaghCatherine Ardagh (Dublin South Central, Fianna Fail)
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821. To ask the Minister for Children, Equality, Disability, Integration and Youth to provide details, by reference to the period during the period 1 February 2024 to 31 January 2025, of the average processing time form the point of submission of an application to the point of the registration of an enduring power of attorney for both online and paper applications for an application for the registration of an enduring power of attorney; and if she will make a statement on the matter. [8140/25]

Photo of Hildegarde NaughtonHildegarde Naughton (Galway West, Fine Gael)
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I propose to take Questions Nos. 816, 817, 818, 819, 820 and 821 together.

The Assisted Decision-Making (Capacity) Act 2015 (ADMCA), along with the Assisted Decision-Making (Capacity) (Amendment) Act 2022, commenced on the 26th of April 2023. The Acts provide a modern statutory framework to support decision-making by adults with capacity difficulties, and represent a crucial shift away from a ‘best interests’ approach to a rights-based approach to capacity, with the privileging of a person’s will and preferences.

Part 7 of the 2015 Act provides for a new "enduring powers of attorney" (EPAs) system which enables an individual to plan ahead by appointing someone they trust to act as their attorney and to make certain decisions on their behalf if they lose capacity in the future. The Decision Support Service (DSS) has statutory responsibility for the operation of many of the provisions of the 2015 Act, including processing and registering EPAs made under the Act.

The below tables have been provided by the DSS and address the deputy's questions in turn.

1. The number of enduring powers of attorney notified pursuant to 71C of the ADMCA.

The DSS uses the term "notified" to mean an EPA which has taken effect pursuant to 71C.

Month
Number of Notified EPAs
April 2023 (from 26.04.2023) 0
May 2023 0
June 2023 0
July 2023 0
August 2023 0
September 2023 0
October 2023 1
November 2023 0
December 2023 0
January 2024 0
February 2024 0
March 2024 0
April 2024 2
May 2024 1
June 2024 3
July 2024 2
August 2024 3
September 2024 4
October 2024 6
November 2024 4
December 2024 6
January 2025 10
2. The number of applications for the creation of an enduring power of attorney that have been registered pursuant to section 69 of the ADMCA.
Month
Number of Registered EPAs
April 2023 (from 26.04.2023) 0
May 2023 0
June 2023 0
July 2023 5
August 2023 3
September 2023 0
October 2023 2
November 2023 20
December 2023 11
January 2024 26
February 2024 34
March 2024 44
April 2024 49
May 2024 62
June 2024 81
July 2024 198
August 2024 101
September 2024 219
October 2024 244
November 2024 185
December 2024 170
January 2025 164
3. The number of applications for the creation of an enduring power of attorney that have been completed, that is, applications for registration submitted pursuant to section 68(1) of the ADMCA.
Month
Number of EPAs submitted
April 2023 (from 26.04.2023) 0
May 2023 1
June 2023 10
July 2023 24
August 2023 39
September 2023 66
October 2023 102
November 2023 119
December 2023 98
January 2024 119
February 2024 164
March 2024 183
April 2024 151
May 2024 189
June 2024 190
July 2024 272
August 2024 183
September 2024 200
October 2024 248
November 2024 375
December 2024 314
January 2025 428
4. The total number of applications for the creation of an enduring power of attorney that are active on the Decision Support Service system as of 31 January 2025

As of 02/02/2025, in addition to those that have been registered or submitted for registration, there were 4,929 active draft applications to register an enduring power of attorney.

The term ‘active’, is used by the DSS to mean that the applicant has completed the substantive body of the EPA and has moved to access the supporting documents required for registration (medical practitioner statement, legal practitioner statement etc.)

5. The total number, by month of applications, for the creation of an enduring power of attorney that have been attempted or begun or initiated in any way on the DSS portal, in the period 1 January 2024 up to 1 January 2025, but in respect of which there has been no user activity for a period in excess of six weeks and where the application remains uncompleted.

This data is not stored on the system as there is no record of date of last activity. Except for providing support and information on request, through the Information Service and EPA helpdesk, and subject to the organisations data retention policy regarding incomplete applications, the DSS does not have a function prior to the submission of applications. The DSS allows applicants to progress decision support applications at their own pace. Statutory timescales only apply when applications are submitted for review and registration.

6. The average processing time from the point of submission of an application to the point of the registration of an enduring power of attorney for both online and paper applications for an application for the registration of an enduring power of attorney

While the DSS does not have figures for the specific period outlined by the Deputy, since commencement on average, for digital applications that were submitted, it was taking approximately 6 months for the DSS to register an application.

Additionally, since commencement on average, for manual applications that were submitted, it was taking approximately 11 months for the DSS to register an application.

This average is inclusive of the statutory 5-week objection period. It is also inclusive of any time that is taken by applicants to amend errors or provide additional information that is required by the DSS in the progression of their applications for registration.

It is important to note that in July 2024, the DSS introduced an accessibility policy which includes a dedicated helpdesk service, which ensures that individuals who require additional assistance in completing an online EPA application are supported in doing so. It also enables the DSS to ensure that the small cohort of individuals who are unable, for whatever reason, to utilize the online portal, are facilitated in making an EPA application manually.

These developments have already seen an increased volume of EPAs being registered since they were introduced and this enhanced helpdesk service, alongside the helpful instructional videos and other guidance material provided on the DSS website, will assist all users of the system, including practitioners, to access any additional supports required.

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