Open letter criticises online enduring powers of attorney system

Since April 2023, enduring powers of attorney must be created through an online portal managed by the Decision Support Service (DSS).

However, the online system “does not enable a professional agent or adviser to access the system on behalf of a client to assist with the creation of the documentation and ensure it is done correctly”, the letter published today in The Irish Times points out.

“Revenue’s online ROS system allows a tax adviser to prepare and file returns for a taxpayer if the taxpayer so chooses. The Injuries Resolution Board’s web-portal allows a solicitor to prepare an injury claim on behalf of a claimant if they wish to have professional assistance in doing so.

“The Decision Support Service system does not.”

The letter continues: “If people wish to have professional assistance in the creation of enduring powers of attorney via a digital platform they should be facilitated in doing so and are entitled to have their professional adviser access the system on their behalf if they want to have help in preparing what can be complicated and profoundly important documents with serious legal consequences.

“Solicitors have been helping people make enduring powers of attorney since they were introduced in 1996 — we want to be able to help our clients make them and we want to engage with anything that improves how this can be done.

“This is a change that can and should be made immediately to end this crisis in the creation of enduring powers of attorney which is causing serious problems for vulnerable people who need to have them in place.”