Law Society calls for ministerial intervention over enduring power of attorney crisis
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Ireland’s enduring powers of attorney (EPAs) system is at “crisis point” and immediate government intervention is needed, the Law Society has told ministers.
Only 10 EPAs have been activated since a new online system was introduced almost 15 months ago, compared to 1,245 the previous year.
The Law Society says the online system managed by the Decision Support Service (DSS) is poorly designed and “unusable” for many, with these problems “aggravated by the fact that solicitor have no access to the system”.
The Solicitors Growth network recently launched an online petition calling for changes to the system, which has received over 1,250 signatures.
The Law Society has met with Anne Rabbitte, the minister of state for disabilities, to raise its concerns about the system.
Director general 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.”
He continued: “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.”