A practitioner information session on the Decision Support Service (DSS) and Enduring Powers of Attorney (EPA) has heard how teething problems with the service are being addressed.

The webinar (3 July) was organised by the Law Society and heard from Áine Hynes SC, chair of the Mental Health and Capacity Task Force, and from Áine Flynn and Orla Keane of the DSS.

The well-attended discussion heard that the Law Society had articulated concerns about amendments to the 2015 Assisted Decision-Making (Capacity) Act, in particular the need for a two-part application process.

Solicitors have also expressed concerns about the lack of a paper-based system for application and delays in using a manual system.

Briefing

Áine Flynn gave an abridged version of an explanatory briefing given to many solicitors bar associations around the country by the DSS, which is located within the Mental Health Commission.

Flynn said that most EPAs conferred a general authority in respect of property and affairs and personal welfare.

Up to 98% of DSS EPAs came into this category, she said.

The notice requirements for an EPA now include all children of the applicant party.