While the Assisted Decision Making Capacity Act 2015 has been signed by the President, no part of it has yet been commenced and that is not going to happen until after a new Government has been formed.
There are also a couple of issues relating specifically to Part 7 of the Act which covers Enduring Powers of Attorney:
Firstly, the Act envisages a new agency to take over the functions of the Wards of Court Office in relation to registrations of Enduring Powers. It appears that this will come under the remit of the Mental Health Service. Where this agency will eventually rest will be up to the new Minsters for Justice and Health, and could potentially take some time to set up due to funding and training issues.
Secondly, it was realised that Enduring Powers created under the Powers of Attorney Act, 1996 could not be Registered under the new Act (of 2015) and so would have to continue to be Registered under the terms of the 1996 Act, i.e with the Wards of Court Office. The EPA generator, when the relevant parts of the 2015 Act are commenced will handle both of these eventualities.
Finally, new forms of Statutory Instruments 196 and 287 of 1996 and 66 of 2000 are going to have to be drafted and signed off by the new Minister for Justice (including consultation with the New Minister for Health).
Consequently the current status quo appears likely to remain in place for some time. We are watching developments and have contacts who will inform us when anything is about to change. Rest assured that any changes required in the EPA Generator due to the new Act will be developed for activation as soon as is practical after the Sections in the 2015 Act relating to Enduring Powers are commenced.
