There’s a brewing conflict between the Law Society and the relatively new Decision Support Service (DSS), which may endanger the recently deployed measures aimed at safeguarding the elderly and vulnerable. The DSS, which commenced its mandate last year, was authorised by the law to formulate enduring powers of attorney, advance healthcare directives, and a range of decision-support systems, including those for people who once were considered court wards.
To utilise the system, individuals must firstly register and verify their identities with the service. Following this, they can access and supervise various services that DSS offers. A DSS representative emphasised that the service is designed to be user-focused and geared towards the average individual.
Nonetheless, an ongoing dispute revolves around enduring powers of attorney, an area in which DSS claims to have been highly engaged since its inception. Enduring powers of attorney (EPA) offer individuals the ability to legally define who should make important decisions on various aspects of their life such as personal care, living situations, and finances, if they are unable to do so in the future.
At the end of the previous month, DSS revealed that over 3,000 EPA applications had advanced to the stage where necessary legal and medical certification is required to verify the applicants’ understanding of the process and their competency to make such decisions.
Conversely, statistics presented just over a month prior by Anne Rabbitte, Minister of State for the Department of Children, Equality, Disability, Integration and Youth, to Sinn Féin TD Pa Daly, reported that only 167 EPAs had been successfully processed by 17th April.
System users report issues with finding a solicitor to confirm via a legal practitioner’s form that they comprehend the implications and potential outcomes of setting up an EPA, ensuring it is devoid of any coercion or undue pressure.
The Law Society has issued advisory details to its members, highlighting the concerns that DSS procedures may not provide enough transparency for solicitors to confidently sign the legal practitioner’s statement, with a particular focus on the issue of clients potentially being under duress.
The Law Society additionally expressed in a statement that they believe the introduction of this new system is obstructing the ability of numerous individuals to express their preferences via the formulation of an EPA.
The Department of Social Services’ (DSS) commitment to a primary digital conduit is perceived as unsuitable for certain elderly or vulnerable demographics or those already predisposed to disadvantage, due to not appropriately considering their digital literacy. The DSS, however, asserts it provides a tactile, paper-inclined process for those who find online procedures daunting and its intention is to assist those who require their services.
Nevertheless, the Department has as of yet, failed to elaborate on the workings of this paper-centric system and the essential documents involved. Both parties acknowledge the significance of their mutual interaction and engage actively yet, their statements seem to respond to unrelated issues.
“We are willing to offer assistance with training and the creation of operational advice for professionals”, the DSS stated, “We understand that our service and system are novel.” Conversely, the Law Society has articulated serious apprehensions regarding the DSS’s mode of operation.