The Law Society has always supported enhancements to the legislative framework around EPAs and decision-making arrangements which empower people to safeguard their interests in future decisions impacting their lives. We believe that every person who wishes to express their will and preference through the vehicle of an EPA or decision-making agreements should be fully supported in doing so.

Issues raised by the profession

Through the work of our Mental Health Law & Capacity Task Force, the Law Society continues to actively engage with the DSS to find solutions to address the very real concerns of you and your clients.

Last June, we made a number of requests including that: 

• the DSS create an electronic EPA Instrument which could be easily downloaded,

• a facility be put in place to allow solicitors to log on to the DSS portal on behalf of clients (like other public agencies), and

• there would be a web-based form to use with clients or a paper-based workaround for solicitors and their clients.

As you may know, to date, only the paper-based workaround has been put in place but engagement between the DSS, the Law Society and local Bar Associations has been ongoing.

Update on paper-based system

Many of you have expressed concern about one specific element of the proposed new Accessibility Policy which will have the effect of making the paper-based system unavailable for clients who are professionally advised. Along with the Dublin Solicitors Bar Association (DSBA), the Law Society met with the DSS on Friday 19 April last to detail the concerns of practitioners and outline the impact that the level of complexity and delay of the current system is having on clients.

Specifically, we conveyed the concern of our members and their clients at the proposal to withdraw the paper-based process for people who are being advised by a solicitor (or any professional). We also requested that a web form / electronic template be made available which can be used by solicitors and their clients. We also asked the DSS to give serious consideration to putting in-place a solicitor portal.

On 24 April last, over 240 solicitors attended a webinar with Áine Hynes SC, Chair of the Law Society’s Mental Health Law & Capacity Task Force, to discuss the processes relating to EPAs and decision-making arrangements. The consistent message from those of you who participated in that webinar is that the system is not working as it should for you or your clients.

We continue to engage constructively with the DSS in order to find solutions to the challenges that you and your clients are facing in the context of the DSS processes. We welcome the decision of the DSS (announced on 29 April 2024) to temporarily defer the withdrawal of the paper-based process for people who are being advised by a solicitor (or any professional). We look forward to continuing our engagement with the DSS.

Your feedback wanted

It would be helpful if you could share with the Law Society anonymised details of any practical difficulties that you have encountered when seeking to engage with the DSS on behalf of your clients - send to: mhlctf@LawSociety.ie.