• Number of Enduring Powers of Attorney activated has “collapsed” since new system introduced

• €37 million spent since 2019 to deliver just 10 Enduring Powers of Attorney

• Narrow and restrictive Assisted Decision-Making system is already failing people in vulnerable situations

• Applications are not processed for months – the Decision Support Service (DSS) currently states on their website they are only now processing digital

The Law Society has raised serious concerns with Minister Anne Rabbitte about the Assisted Decision-Making system, which is failing to deliver for people who urgently need to put in place Enduring Powers of Attorney (EPAs) and describes the process as having “collapsed” under the new system. 

Despite €37.3 million invested since 2019, the number of activated EPAs is alarmingly low. Under the Decision Support Service (DSS), only 10 Enduring Powers of Attorney have been activated since the new system began in April 2023, almost 15 months ago. This compares to 1,245 Enduring Powers of Attorney activated in 2022.

The poor design of the DSS online system is making it unusable for a significant number of people, and the challenges are aggravated by the fact that solicitors have no access to the system. Other contributing factors to the system's severe inefficiencies include, the complete lack of clarity in emergency arrangements, on-site presence requirements for attorneys, limitations on making changes to EPAs, and restrictions on any professionals accessing the online system.

Director General of the Law Society, Mark Garrett, said, “The Law Society has raised serious concerns about the complexity and difficulty in navigating the current system, which is creating both unnecessary delays and uncertainty for vulnerable individuals. The Law Society recently met with Minister Rabbitte and asked her to intervene to resolve the failing decision-making system and allow people to make their wishes known for their care, property, and finances.

“The numbers speak for themselves. The volume of Enduring Powers of Attorney activated was steadily increasing year on year over the past decade, doubling from 620 in 2014 to 1,245 in 2022. In stark contrast, the system has completely collapsed under the new Decision Support Service to just 10 Enduring Powers of Attorney activated since it came into operation in April 2023, while a total of only 342 applications have been completed (the step before activation) between April 2023 and the beginning of July 2024. 

“Regrettably, the Decision Support Service has decided to take an overtly narrow, complex and restrictive digital approach. The system requires the users to have an email address, a mobile phone, a public services card, a computer, an internet connection, and a MyGovID, only to then have to create a separate new account on MyDSS. This model simply does not take into consideration the digital proficiencies of many elderly or vulnerable people.

“In its own service demand forecasting report in 2021, the DSS estimated that “A reasonable estimate for the first six months of operations (July to December 2022) would be 5,556 decision-support arrangements." The reality is that over the first year of the new system, “[t]he number of decision support arrangement applications that have been approved by the Decision Support Service from 26 April 2023 to 17 April 2024” was 421 (source: PQ response 23.04.24). Very significantly less than the estimated 5,556.

“The Law Society is urging for a broader and more inclusive approach to be implemented, to ensure that people can easily and efficiently establish Enduring Powers of Attorney when needed.

“The nature of the two-step registration process makes the creation of emergency Enduring Powers of Attorney extremely difficult, and in the opinion of many practising solicitors, it is almost impossible. For the person who wants to put in place an Enduring Power of Attorney, the process requires their attorney and two witnesses to be present at the same time. This is causing further delays.

“Unfortunately, digital exclusion is a reality and the extent, nature and causes of the problem were outlined in a report by the Citizens Information Services in ‘Digital Exclusion and e-Government in Ireland’ where information providers who were surveyed for this research agreed that difficulty in accessing public services online is widespread based on their experience of intervening on behalf of clients. As detailed in Figure 2.1 of the report, 34 per cent of information providers estimated that 51-70 per cent of their clients' experience difficulties in accessing public services online, and a further 29.8 per cent of information providers estimated that the proportion of clients in this category was between 31 and 50 per cent.”

“We were promised a better, more people-focused service, but that simply has not happened. It's not good enough for people in vulnerable situations to be left with this level of uncertainty. The current system has been completely over-engineered and creates unnecessary obstacles for those with decreasing capacity and those in need of an emergency Enduring Power of Attorney. People are rightfully frustrated.

“The Law Society and solicitors recognise the importance, and are investing significantly in, technological solutions as an enabling tool within the legal and justice system. We are fully supportive of a more open and broader digital approach being adopted to the creation of EPAs that recognises the capabilities of the core users. But the narrow and restrictive system currently in place is wholly dysfunctional and is failing those people.

“The Law Society has endeavoured to engage with the DSS on these critical issues, however, there has been little meaningful progress and that has led to this crisis point. The system is failing and needs Ministerial intervention to ensure the needs of the users are centre stage.

Return to previous press releases