Reform of Decision Support Service required – Feeley

A local councillor is calling on the Minister of State at the Department of Children, Equality, Disability, Integration and Youth to reform the Decision Support Service (DSS) to encourage more people to make Enduring Powers of Attorney.

The DSS is responsible for operating certain provisions legislated for under the Assisted Decision-Making (Capacity) Act 2015.

Speaking at the April monthly meeting of Cavan County Council, Fianna Fáil’s John Paul Feeley explained the responsibilities of the DSS includes processing applications in respect of decision support arrangements, in particular applications relating to Enduring Powers of Attorney (EPAs) and Co-Decision-Making Agreements (CDMAs).

The landmark overhaul was designed to replace an existing and out-dated legislation on capacity, including abolishing wardship, but the local councillor says it ended up having unexpected consequences in that it has made the process of applying for support arrangements far more arduous.

Part 7 of the 2015 Act provides for a new “enduring powers of attorney” (EPAs) system which enables an individual to plan ahead by appointing someone they trust to act as their attorney and to make certain decisions on their behalf if they lose capacity in the future.

Despite the introduction of a dedicated helpdesk service last year, to support those in completing an online application, the system remains far from perfect.

Cllr Feeley points out that many people looking to establish an EPA are of an age or ability where using a computer is difficult.

It also requires a MyGov.ie log-in and for the person to whom the EPA is being bestowed to sign-up also.

“All of that is creating a barrier,” states Cllr Feeley, a solicitor by trade, who suggested that people in his profession were running the risk of being accused of impersonating applicants in order to get the ball rolling on EPAs on their behalf. The result has been a fall off in the number of applications processed by the DSS in a 12 month period.

While there was a paper submission option available, it could take months for it to be processed, a problem where time is of the essence for the person involved. He added that a “portal” could be established, similar to that set-up by the Courts Service.

“It’s possible and practicable.”

Cllr Feeley wants more investment in the service to alleviate the burden currently being placed on families and their loved ones.

The motion was seconded by Cllr Feeley’s party colleague, Clifford Kelly. He said he was aware of just how difficult the process could be. It could also be expensive and to seek such change was “very important” he felt.

Patricia Walsh (FF) also backed the motion, as did the Cathaoirleach TP O’Reilly.