With the long-awaited commencement of The Assisted Decision-Making (Capacity) Act 2015 on the 26th April 2023 a number of significant changes were made in relation to the law governing the area of incapacity.
As part of these changes the procedure and process of putting an Enduring Power of Attorney (‘EPA’) in place has completely changed. An EPA that was made on or after 26 April 2023 only takes effect if it is registered with the newly formed Decision Support Service, the donor (or the person who puts the EPA in place) becomes incapacitated and unable to manage their affairs, the Decision Support Service has been notified of the incapacity and it accepts that fact.
A new online portal has been set up within the Decision Support Service’s website (http://www.decisionsupportservice.ie) which allows a user to set up and manage the process of putting an EPA in place.
The Decision Support Service is now charged with monitoring EPAs and keeping a register of same.