Assisted Decision-Making
Seanad Éireann — 2026-02-05
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Mark Duffy (FG), Labour Panel

I welcome the Minister of State, Deputy Grealish, to Seanad Éireann this morning. The issue I wish to raise is in relation to the Decision Support Service, DSS, and the registration system for enduring power of attorney, EPA. It is quite a technical matter. It stems from a meeting I had with a constituent during a clinic late last year in my office in Ballina. The Minister of State will know that an EPA is a legal arrangement that can be set up by a person to allow someone they know and trust to look after their property and financial affairs or their personal welfare decisions or both if they lose the capacity to make those decisions in the future. They just register the EPA with the DSS.
The challenge with the system as it currently is, in the example of the constituent I had in my office, sadly, his wife was diagnosed with dementia. He had to engage with enduring power of attorney to have power of attorney over the decisions of his wife, whom he has been caring for. This man is very accomplished and competent and has members of his family working in the law - capable people. To say the process of registering for power of attorney was difficult is an understatement. It was incredibly arduous and difficult, with technical jargon. One of the main challenges is that people who require the power of attorney are generally elderly. They grew up without any real use of computers in their generation. They did not have the use of technology we all enjoy and avail of today. They are expected to have impeccable digital literacy as well understanding complex legal jargon, which causes huge stress. It is a very difficult and challenging part of their lives when their spouse is losing capacity to make decisions for themselves. There are plenty of issues with the system as it stands.
There are suggestions I would like to bring to the floor today. One is to make it more user-friendly from a digital point of view. We should engage with Age Friendly Ireland and other agencies that can help inform decision-making. The second is some type of opt-out process so that everyone, on marriage, has power of attorney over their spouse but either one can opt out at any time. It is potentially a better way of circumventing this system as it is currently because there are huge difficulties with it. Some of the recommended changes to the current system include opening the portal for the client's legal representative to make submissions on their behalf if requested and to ensure a medical capacity assessment is completed prior to the execution and not after that fact. Third is to ensure the legal terminology in the process is user-friendly and appropriate to the population using the portal, not just legal eagles, and ensuring response to all submissions is appropriate to the age and disability cohorts. In the example I am aware of, the man was between five and six months waiting for a response and then the response asked for more information. It was totally unacceptable. These are very time-limited scenarios when you are at a stage of life when your spouse is in declining health - you would expect priority and a strong response. The final point is to ensure the computer programme is adequate to the system requirements. It is a technical ask but only until you encounter it - I was not aware of it until this gentleman came to my office but it is something I want to lend my support to. He has got through the whole process and he shared with me so that others do not have to go through the difficult process he experienced. Like I said, he is very competent from a legal and literacy background but still found it incredibly difficult. I welcome the Minister of State's contribution.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-02-05/debate/main
Retrieved: 2026-08-14T04:54:35+00:00
Sitting date: 2026-02-05