Madden calls for urgent reform of enduring power of attorney system

Tanaiste Simon Harris with Niamh Madden

Tanaiste Simon Harris with Niamh Madden

Niamh Madden, Chairperson of the Fine Gael South-East Galway branch has called on the Government and the Tánaiste, Simon Harris for an urgent review of the safeguards in place for older people who grant Enduring Powers of Attorney (EPOA ), warning that current oversight is dangerously inadequate and leaving vulnerable individuals open to abuse.

“The EPOA system, while intended to protect individuals who may lose capacity, in practice exposes many older people to financial and personal exploitation,” she said.

“Once an EPOA is activated, attorneys are granted significant control over the donor’s affairs, yet there is little to no oversight, and cases of abuse can be extremely difficult to detect or challenge.”

Ms Madden noted that families with genuine concerns or even evidence of wrongdoing often find themselves facing complex legal barriers, high costs, and a lack of clear recourse.

In response, she is calling on the Government and the Ta?naiste, Simon Harris to initiate a review of current legislation and oversight mechanisms under the Decision Support Service (DSS ). The proposed reforms include mandatory periodic financial reporting by attorneys to the DSS; Routine audits or random spot checks by a regulatory authority; Stronger penalties for those found guilty of abuse or mismanagement; and a clear and accessible complaints process for concerned family members.

“The introduction of the Assisted Decision-Making (Capacity ) Act 2015 was a step forward, but enforcement remains weak,” Ms Madden added. “We must ensure that these legal instruments cannot be misused or weaponised against the very people they are meant to protect.”

To raise public awareness and strengthen community engagement on this issue, Ms Madden, in collaboration with Deputy Pete Roche and the Fine Gael, South-East Galway branch, is organising a community information event this Autumn.

The event will highlight supports available to older persons, their families, and carers and will also foster a broader conversation around safeguarding and advocacy.

“This is not just a legal issue—it’s a moral one. Older people in our communities deserve dignity, safety, and strong protections. We cannot allow silence or bureaucracy to be the shield behind which abuse hides,” she concluded.

 

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