Power of attorney for those with limited or no decision-making capacity

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For Written Answer on : 21/04/2021
Question Number(s): 1379 Question Reference(s): 18249/21
Department: Justice
Asked by: David Stanton T.D.
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QUESTION

To ask the Minister for Justice the way in which a person with limited or no decision-making capacity can be represented by a person with power of attorney and if she will make a statement on the matter.

REPLY

Under the Powers of Attorney Act 1996, an adult who has decision-making capacity may appoint an attorney under an enduring power of attorney to make decisions on his or her behalf in circumstances where the person no longer has decision-making capacity.  

The Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties. Part 7 of the 2015 Act makes provision for enduring powers of attorney. The Minister for Children, Disability, Equality, Integration and Youth has responsibility for matters relating to the commencement or amendment of the 2015 Act.