Ireland has recently passed landmark legislation regulating surrogacy as part of the The Health (Assisted Human Reproduction) Act 2024
 
This is the first time the country has introduced a comprehensive legal framework for both domestic and international surrogacy arrangements.
 
Here are some key highlights:
 
Legal Clarity for International Arrangements

• The legislation aims to provide clear guidelines for Irish citizens engaging in international surrogacy processes, addressing issues related to legal parentage and recognition upon return to Ireland
• Legal Recognition and Parental Rights
• Intended parents, including those whose children were already born via surrogacy, can now apply to the High Court for parental orders to secure legal parentage.
• The law ensures that both the surrogate and the intended parents receive independent legal advice, counselling, and support before entering into an agreement.

 
Oversight and Regulations

• There are new provisions for oversight to prevent exploitation or questionable practices in international surrogacy, ensuring that agreements align with Irish ethical standards
  
• The legislation seeks to address potential exploitation by establishing criteria that intended parents must meet prior to entering into international surrogacy agreements
• A new body, the Assisted Human Reproduction Regulatory Authority (AHRRA), has been established to license fertility clinics and oversee all assisted reproduction procedures.
• The AHRRA will also manage a National Surrogacy Register and a National Donor Conceived Person Register, ensuring transparency and access to origin information for children born through assisted reproduction.

 
Best Interest of the Child
The new law emphasizes the best interests of the child in international surrogacy arrangements and aims to provide a framework that prioritizes their welfare.
 
Support for Intended Parents
The legislation is designed to offer resources and advice for intended parents considering international surrogacy, helping them navigate complex legal and ethical landscapes
 
Compliance with Irish Law
The new rules include conditions that establish the requirement for surrogacy arrangements abroad to comply with both the laws of the foreign jurisdiction and Irish legal standards. This helps promote ethical practices and protect the rights of all parties involved
 
Ethical Standards

Ireland is now the first country to legislate a framework that incorporates the Verona Principles, international guidelines promoting ethical surrogacy in the best interests of the child.

This legislation marks a major shift in Irish family law, aiming to protect the rights and responsibilities of everyone involved in a surrogacy journey. It’s been described as a long-overdue step toward legal clarity and emotional security for many families.

If you need advise on the legal issues arising from surrogacy, contact Sharon McElligott, Solicitor at [email protected] or phone on 012303266

 How to Make an Enduring Power of Attorney under the New System
 
Creating an Enduring Power of Attorney (EPA) in Ireland, particularly since the Assisted Decision-Making (Capacity) Act 2015 came into full effect, is primarily managed through the Decision Support Service (DSS). This guide will walk you through the key steps and considerations.
 
What is an Enduring Power of Attorney (EPA)?
An EPA is a legal document that allows you (the "donor") to appoint one or more trusted individuals (your "attorneys") to make decisions on your behalf about your personal welfare, property, and financial affairs, should you lose the capacity to make those decisions yourself in the future. It's a vital tool for future planning, regardless of age. The key word here is Trust, as you are essentially trusting someone to exercise your basic human rights on your behalf when you are unable to do so yourself due to such debilitating conditions as dementia or brain injury. 

Key Differences from Older EPAs:
Since April 23, 2023, new EPAs are created and registered with the DSS. EPAs made before this date under the Powers of Attorney Act 1996 are not subject to the new DSS procedures, and the DSS is not involved in their supervision.

Two Main Stages of an EPA:

1. Making and Registering the EPA: This happens while you still have decision-making capacity. You create the document, appoint your attorneys, and register it with the DSS via their website. 
2. Notifying and Activating the EPA: This stage occurs if and when you lose capacity. Your attorney(s) must notify the DSS that you no longer have the ability to make decisions, and the EPA then comes into effect.

Guide to Making an Enduring Power of Attorney using DSS.ie:

The DSS encourages the use of its online portal, MyDSS, for the most efficient process.

Phase 1: Preparation and Setting Up Accounts

1. We strongly recommend, if you have not already done so, that you open a MyGovID account through www.mygovid.ie. To do this you will need your Public Services Card. Having a MyGovID account will mean that you can open an account on the Decision Making Support Services website and bypass many of the proving-your-identity hurdles. The Mental Health Commission have also excellent video resources which you can access here: ww.youtube.com/watch?v=6Uqvkx2r2tw&list=PLBvDzQ6iTjImdMQHkuo6yRsY0YHTjXU1S&index=1
2. Understand the Implications: Before starting, Murphy McElligott solicitors can help you thoroughly understand what an EPA entails. Consider what decisions you want your attorneys to make (personal welfare, property, finances, or a combination), whether they act jointly or severally, and if you need replacement attorneys.
3. Choose Your Attorneys Wisely: Your attorney should be someone you trust implicitly. They do not need to be a lawyer. Consider their reliability, their ability to manage affairs, and their willingness to take on this responsibility. There are certain restrictions on who can be an attorney (e.g., undischarged bankrupts for property/financial matters).
4. Identify Notice Parties: You are legally required to inform certain people that you are putting an EPA in place. This typically includes your spouse/civil partner (if any), adult children, and if none, your closest blood relative and another person concerned for your welfare. These "notice parties" have a five-week period to object to the EPA on specific grounds (e.g., your capacity, undue influence).
5. Set Up MyDSS Accounts:
   • Your Account (Donor): Go to decisionsupportservice.ie and click on "MyDSS Login" or go directly to portal.decisionsupportservice.ie. If you don't have an account, select "sign up now."
   • Verification: The easiest way to verify your MyDSS account is using a verified MyGovID account. If you don't have one, you can set it up on www.mygovid.ie (See the link above at paragraph 1). If MyGovID isn't possible, contact the DSS Information Services Team for assistance with manual verification.
   • Attorney(s) Accounts: Each appointed attorney (including replacement attorneys) must also set up their own verified MyDSS account. Likewise, the easiest way to do this is getting your Attorneys to set up an MyGovID account using the link above.  

Phase 2: Completing the Application Online via MyDSS

1. Start a New Application: Once logged into your MyDSS account, select "Enduring Power of Attorney" from the "type of arrangement" list and click "start application."
2. Fill Out the EPA Form: The online form has several sections:
   • Relevant Person Details: Information about yourself (the donor), including civil status, living arrangements, and any relevant medical conditions or communication needs.
   • Supporter Details: Information about each of your chosen attorneys (name, date of birth, PPS number, email address - must match their MyDSS account, residential address, relationship to you, how long you've known them). You'll specify if they are main attorneys or replacement attorneys.
   • Existing Arrangements: Declare any other existing decision support arrangements you have.
   • Arrangement Details: Define the scope of authority you are giving your attorney(s). This is crucial. You can grant general authority over personal welfare and/or property and affairs, or specify particular decisions. If appointing multiple attorneys, clearly state whether they must act jointly (all must agree) or severally (can act independently). You can also specify if attorneys should be paid and for what functions.
3. Generate Documents: After filling out the online form, the DSS system will generate the necessary supporting documents, including:
   • EPA instrument template
   • Donor declaration
   • Attorney declaration(s)
   • Legal practitioner statement
   • Statement of capacity
   • Notice form
   • Notice party details form

Phase 3: Legal and Medical Certifications & Witnessing

1. Solicitor's Role: You will still need a solicitor such as Murphy McElligott Solicitors to:
   • Certify that you have the mental capacity to understand what you are doing when making the EPA.
   • Be satisfied that you are making the EPA by your own volition and not under undue influence.
   • One of our solicitors will will complete the "Legal Practitioner Statement."
2. GP's Role: Your General Practitioner (GP) will also need to certify your mental capacity to understand the consequences of making an EPA. This will involve completing the "Statement of Capacity."
3. Signing and Witnessing:
   • The EPA document must be made in writing and signed by you (the donor) and your proposed attorneys at the same time and in front of two witnesses. Many of our clients at Murphy McElligott solicitors use our services for this part of the process. You can arrange your Attorneys and you to sign the documents in our offices and use us as witnesses which automatically fulfills the requirement for witnessing
   • Witnesses must be over 18.
   • At least one witness must not be a family member of yours or the attorneys.
   • Witnesses cannot be an employee or agent of the attorney.

Phase 4: Notifying Notice Parties

1. Formal Notification: You are required to formally notify your identified notice parties about the EPA arrangement. The DSS will provide a "Notice Form."
2. Objection Period: Notice parties have five weeks from the date of the notice to object to the EPA on specific legal grounds.

​Phase 5: Uploading and Registering with the DSS

1. Upload Completed Forms: Once all necessary forms (donor declaration, attorney declaration(s), legal practitioner statement, statement of capacity, notice forms, etc.) are completed, signed, and witnessed, you will upload them to your MyDSS account.
2. Pay the Registration Fee: There is a fee to register an EPA with the DSS (currently €30). This is usually paid at this stage. You may be able to apply for a fee waiver based on income and dependents.
3. Submit Application: After completing all steps and uploading documents, you submit your application to the DSS.
4. DSS Review: The DSS will review your application to ensure all information is correct and meets legal requirements. They will work with you to resolve any issues.
5. Registration: Once approved, your EPA will be registered on the DSS register. The EPA lies dormant until it needs to be "notified" (activated) due to your loss of capacity.

Phase 6: Activation of the EPA (If Capacity is Lost)
If you lose capacity, your attorney(s) will need to:

1. Log into MyDSS and Fill Out Notification Form: Access the registered EPA and complete the "enduring power of attorney notification application form."
2. Medical Assessments: Two doctors and/or healthcare professionals must complete an assessment confirming your loss of capacity in relation to the decisions covered by the EPA.
3. Notify Parties of Notification: Inform specified individuals (including the donor and notice parties) that you are making an application to notify the EPA.
4. Upload Forms and Pay Fee: Upload the completed forms (including the medical statements) and pay any notification fee.
5. Submit Application: Submit the notification application to the DSS.
6. DSS Review and Activation: The DSS reviews the notification. Once approved, the EPA becomes active, and your attorneys can begin acting on your behalf.

Important Considerations:

• Legal Advice: While the DSS provides guidance and an online portal, it is highly recommended to seek independent legal advice from one of our Solicitors at Murphy McElligott. They can ensure your EPA accurately reflects your wishes, is legally sound, and that you understand all implications.
• Capacity: You must have the mental capacity to understand the nature and effect of an EPA when you make it. This is why a solicitor and GP certification are required.
• Regular Review: It's good practice to review your EPA periodically to ensure it still reflects your wishes and that your chosen attorneys are still appropriate.
• Code of Practice: Attorneys are supervised by the DSS and have specific duties and reporting obligations under the Assisted Decision-Making (Capacity) Act 2015 and the Code of Practice for Attorneys.

Murphy McElligott Solicitors can guide you through the entire process. You can also contact the Decision Making Support Services' excellent EPA helpdesk at +353 (01) 211 9750 or [email protected] for assistance.
 

​Across Ireland, homeowners in managed estates and apartment complexes face increasing challenges with service charges and management companies.  Escalating fees without clear breakdowns, opaque financial practices, and limited engagement opportunities often leave homeowners feeling powerless.

These charges — intended to maintain communal spaces and services — have sparked widespread frustration.  Many feel they are paying premium rates for subpar services, with unclear contracts and limited dispute resolution mechanisms exacerbating the issue.  Moreover, management companies sometimes appear more accountable to developers than to homeowners, complicating matters further.

Understanding Management Companies
Management companies are crucial for maintaining shared spaces and handling financial administration.  Their responsibilities typically include:

• Governance & Structure: Set up as “limited by guarantee” companies, often led by a board of homeowner representatives.  Annual General Meetings (AGMs) provide opportunities for collective decision-making.
• Financial Management: Collecting service charges, budgeting communal expenses, and maintaining a sinking fund for future repairs.
• Maintenance & Services: Overseeing landscaping, insurance, and general upkeep of shared areas.
• Communication & Engagement: Ensuring transparency and responding to homeowners’ concerns to improve living conditions.

Breaking Down Service Charges
Service charges fund essential upkeep of modern communities, ensuring safe, clean, and well-maintained shared spaces.  Typical components include:

• Maintenance & Repairs: Covers landscaping, lobby cleaning, and recreational areas.
• Cleaning Services: Routine cleaning of communal spaces to preserve hygiene.
• Waste Disposal: Costs for rubbish collection and disposal.
• Security Measures: Security personnel, surveillance, and access systems.
• Insurance Coverage: Protects shared spaces from fire, flood, or other risks (excluding individual homes).
• Utilities: Water, electricity, and heating for communal areas.
• Management Fees: Payment to the management company for administrative services.
• Sinking Fund Contributions: Reserved funds for major future repairs, preventing unexpected financial burdens.

What is important to remember is that Service charge financial years may not align with the standard calendar year, as in they may run from 1 July 2025 to 30 June 2026, affecting payment calculations and budget planning—an essential detail for homeowners to understand.
The Multi-Unit Developments (MUDs) Act 2011
The MUDs Act provides legal guidelines for service charge transparency and fairness.  It requires the establishment of Owners’ Management Companies (OMCs) for shared developments, ensuring responsible management and dispute resolution.
Amongst the Key Provisions of the Act:
Service Charge Arrears:

• Protects homeowners from sudden fee increases due to others' arrears, and maintains the financial health and viability of a development.
• Requires full disclosure of arrears during property transactions, preventing unexpected financial burdens on buyers.

Sinking Funds:

• Establishes long-term financial planning to cover major repairs.
• Reduces reliance on sudden, large assessments for necessary upgrades.

Fire Safety Regulations:

• Ensures compliance with safety standards.
• May require financial levies to fund fire safety measures, including full-time fire wardens in certain developments.

MUDs Act Requisitions:-
The Requisitions attempt to bring simplicity, transparency & accountability:

• Homeowners can request detailed financial reports from management companies.
• Improves accountability in service charge usage.
• How Homeowners Can Take Action
• To better navigate service charge complexities, homeowners can:
• Engage in Communication: Attend meetings, ask questions, and raise concerns with management companies.
• Clarify Charges & Dispute Discrepancies: Request detailed breakdowns if charges seem unclear or excessive.
• Know Your Rights: Understanding the MUDs Act helps homeowners advocate for fair practices.

Final Thoughts
Managing service charges effectively requires awareness, legal safeguards, and proactive homeowner involvement. Solicitors play a crucial role in reviewing contracts, ensuring compliance with Irish property laws, and protecting homeowners’ interests. Strengthening transparency and communication between management companies and homeowners is key to fostering a fair and functional living environment.