Urgent reform needed to granting power of attorney for vulnerable citizens – Doherty

The current process to grant enduring power of attorney is complex, costly, and exclusionary and must be overhauled, a Fine Gael Senator has said.

Senator Regina Doherty, Fine Gael European Election candidate for Dublin, has called for an urgent reform of the new process by which a citizen can appoint legal representatives for situations where they will lack decision-making capacity, also known as an enduring power of attorney.

The current process for appointing such attorneys, which was introduced by the Minister for Children, Equality, Disability, Integration and Youth last year, is overly complex and not inclusive of people with limited technological ability, Senator Doherty maintains.

She said, “The possibility for people to appoint an attorney to oversee their personal and financial affairs is crucial and helps to support so many people in society who are vulnerable, particularly amongst our elderly population or those who are sick or have additional needs. However, I’m concerned that despite only being in place for a year, the current system is not fit for purpose.

“The current application process involves the applicant having to create an online account, fill out an online template, undergo a legal interview and a medical check within a limited time period, upload statements to the portal, pay a registration fee which can usually only be done online, inform all relevant parties themselves, and review their own submission in order to ensure that it is lawful. This is far too burdensome and complicated for people who are applying, many of whom are older and might not be tech savvy. It also leads to higher costs for the applicant in terms of legal advice. There is no option for a solicitor or legal representative to upload the documents on the applicants’ behalf.

“We need urgent review and reform of this system to make it more user-friendly for those people that the enduring power of attorney is supposed to help. A stream-lined application process needs to be made friendlier to those who are not digitally literate, are elderly, or who have additional needs. This is not good enough. We need to be better at helping people plan for their futures. Rights are not favours; they are owed and intrinsic to everyone.”