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How to Register an Enduring Power of Attorney (an EPA)

Register an Enduring Power of Attorney Ireland

The steps involved in registering an EPA in Ireland.

 

 

We are often contacted by clients who have relatives who have executed an Enduring Power of Attorney and now need to register or activate the Enduring Power of Attorney due to the relative being no longer able to manage their own affairs.

In the ordinary course, such impairment arises as a result of old age or disease but it can also occour as a consequence of catastrophic brain injury. In whatever circumstances the need to register the Enduring Power of Attorney arises, the procedure is the same.

Register an Enduring Power of Attorney – Step 1.

The first step is to contact O’Kelly solicitors. We have the expertise to guide you through every step of this already difficult situation. We also provide a fixed cost service for the registration of the Enduring Power of Attorney.

Register an Enduring Power of Attorney – Step 2.

In order to prove to the Court that the Donor (the person who created the Enduring Power of Attorney) is no longer able to manage his or her affairs, a medical report from the Donors Doctor must be provided to state that (1) confirming the Doctors qualifications and (2) that the Donor is no longer capable of managing their affairs by reason of a mental condition. This medical report is furnished to the Office of Wards of Court in conjunction with the application.

Register an Enduring Power of Attorney – Step 3.

The next step is to prepare the necessary documents to ground the application to register the Enduring Power of Attorney. The documents are as follows:

  1. Form 1 – Application for Registration,
  2. Grounding Affidavit of applicant (with exhibits),
  3. Notice of Intention to Apply for Registration.

Register an Enduring Power of Attorney – Step 4.

Once the Enduring Power of Attorney forms are prepared, it is necessary to serve the Notice of Intention to Apply for Registration upon (1) the Donor and (2) the Notice parties named in the original Enduring Power of Attorney document and (3) the Office of Wards of Court. The service of the documents is then vouched by the swearing of an Affidavit of Service.

Register an Enduring Power of Attorney – Step 5.

Once the Notice of Intention to Apply for Registration is served on the parties, you must wait a five (5) week notice period to expire prior to progressing the application. This allows time for any party who has an issue with the registration of the Enduring Power of Attorney to make the Office of Wards of Court aware of their concerns.

Register an Enduring Power of Attorney – Step 6.

Once the documents have been served and the five week notice period has expired, the Form 1 – Application for Registration and Grounding Affidavit must be executed. The Application for Registration must be served on (1) the Donor and (2) the Notice parties named in the original Enduring Power of Attorney document.

Register an Enduring Power of Attorney – Step 7.

Once served, the complete set of documents (together with the original Enduring Power of Attorney) are lodged in the Office of Wards of Court.

Once the Office of Ward of Court are satisfied that all of the documents are in order, they register the Enduring Power of Attorney. At this point in time, the Attorney takes over the running of the Donors affairs.

At O’Kelly Solicitors, we have the expertise to advise you on all of the issues that can arise in relation to the registering of an Enduring Power of Attorney. We can guide you through the process, with the minimum stress, and with a clear and transparent cost structure.

So to discuss the registering of an EPA, please contact us on 086 7889753 or via email to mark@okellysolicitors.ie. All our contact details can be found here.

Also, see the other sections of our website for further information on Enduring Power of Attorney in Ireland:

  1. Practice Area/Enduring Power of Attorney Ireland.
  2. Blog/What is an Enduring Power of Attorney?
  3. Blog/What is the cost of an Enduring Power of Attorney in Ireland?
  4. Blog/Enduring Power of Attorney – who should be your Attorney?
  5. Blog/Enduring Power of Attorney – what is the scope of an Attorneys Powers?

If you have any questions in relation to the creation of an Enduring Power of Attorney, the issues that can arise prior to the execution of an Enduring Power of Attorney, the cost of an Enduring Power of Attorney in Ireland or how to invoke or register and Enduring Power of Attorney, please do not hesitate to call us.

Our contact details can be accessed here.

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