The Assisted Decision Making (Capacity) Act 2015 (‘the Act’) fully commenced on 26 April 2023, its purpose is to reform the law relating to people who require or may require assistance in exercising their capacity to make decisions, whether immediately or in the future. One of the changes implemented by the Act was the operation of the Decision Support Service (‘DSS’) which enables individuals to apply online to register decision support agreements, for example Enduring Power of Attorneys (‘EPAs’). Any EPAs that exist under the Powers of Attorney Act 1996 remain valid, while all EPAs created after 26 April 2023 are subject to the Act.
EPAs allow a person to nominate someone to look after their affairs in the event that they lose capacity make their own decisions. Commentary from users has found the system to register EPAs proving cumbersome and complex with only 10 EPAs having been activated in the first 15 months of the DSS, compared to 1,245 EPAs activated in 2022. Challenges with the system are aggravated by the fact that solicitors cannot access the system to assist.
The Law Society have continuously raised concerns in relation to the complexity of the system and the exclusion of individuals without access to digital resources. The Programme for Government 2025 notes that the Government will support the DSS, review the Act, and will work with the Law Society to developing a portal for solicitors to simplify the EPA application process. This is a welcome step in the right direction but we wait in anticipation for updates on implementation.
In the meantime, we are here to help. If you would like more information or assistance regarding EPAs please call 0599721219 or email info@foleysolrs.com to discuss with one of our solicitors.