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Enduring Power of Attorney and Notice of Execution

An enduring power of attorney (EPA) is a legal document that enables a person, the donor, to appoint one or more other people, who are called the attorney(s), to manage their financial affairs and property, with restrictions if necessary, and also certain 'personal care' decisions if required, in the event that the donor becomes mentally incapable of doing so. This LawOnline process guides the donor through each step. EPAs are very powerful documents and it is important that a donor fully understands the implications of giving authority to other people for managing their affairs before they sign this document. The two notices of execution required to be given are also included in this drafting process. An EPA can also be revoked if necessary - see the LawOnline document 'Revocation of enduring power of attorney' (PA004).

Registration of an Enduring Power of Attorney Pack

This pack contains all of the documents necessary to notify the required individuals of an intention to apply for registration of an 'Enduring power of attorney' with the Register of Wards of Court and to then proceed to make that application. This pack contains the followng documents:

• Notice of intention to apply for registration of an EPA: This document is used by the attorney(s) to give notice of an intention to apply for registration of an 'Enduring power of attorney' to the relevant donor, entitled notice parties and the Registrar of Wards of Court. Also an attorney, who is acting under a joint and several power, must give notice to any other attorney acting under the same power who is not joining in making the application for registration. Attorneys are not required to give notice to the relevant entitled persons where the name or address of such a person is either not known or cannot be reasonably ascertained.
• Application for registion of an EPA : This process enables the drafting of an application for registration of an 'Enduring power of attorney' (EPA) with the Registrar of Wards of Court. An application for the registration of an EPA is made to the Registrar by lodging this application, along with other required documents, in the Office of Wards of Court and it must be grounded on, i.e. supported by, the affidavit of the attorney, or attorneys, seeking such registration.
• Affidavit of attorney(s) relating to an EPA: This process enables the drafting of the grounding affidavit to be sworn by the attorney(s) and required for an application to register an 'Enduring power of attorney' (EPA) with the Registrar of Wards of Court. It caters for one or more attorneys and notice parties.
• Affidavit of service relating to an EPA: n relation to an 'Enduring power of attorney' (EPA) this process can be used to draft an 'Affidavit of service' recording service: on the notice parties of the notice of execution; on the donor of the notice of intention to apply for registration; on the notice parties of the notice of intention to apply for registration; on the donor of the application for registration and on the notice parties of the application for registration. All of these affidavits are required to be filed with the Registrar of Wards of Court Office when registering an EPA.

Law guide

Powers of attorney

The information provided in this Lawonline guide gives you an overview of how to create, register, object to the registration of and revoke a power of attorney. It covers issues relating to both a general power of attorney, including for a company, and an enduring power of attorney.

Other resources

• Powers of attorney - Citizens Information 
• Enduring Powers of Attorney Regulations, 1996
• Powers of Attorney Act, 1996