Enduring Powers of Attorney

Registering an EPA

Elder Care

You will require a copy of the original Enduring Power.

Your solicitor can generate the full suite of documents using the EPA Generator.

This process will change somewhat with the upcoming commencement of the Assisted Decision Making Act 2015. For further details on the progress of this please follow our blog

Step 1

Attorney(s) make an appointment with their solicitor having ready the following information:

  • Copy of original EPA (if not already with your solicitor)
  • Name and address of medical practitioner if different from original EPA
  • 2 medical reports confirming that the Donor no longer has the mental capacity to make decisions.

Step 2

Your solicitor will draft the necessary documents and send them to you for review.

The suite of documents consist of the following:

  • Notice of Intention to register. Signed by all the attorneys and served on the Donor, all Notice Parties and Registrar of the Wards of Court. See Notice to Attorney(s).
  • Application for Registration. Grounding Affidavit of Attorney(s). Signed by all attorneys and witnessed.
  • Affidavit of Personal Service of Donor. Signed by the server of the notice (one of the attorneys).
  • Affidavits of Service of Application of Registration to Notice Parties. Signed by all attorneys.
  • Affidavits of Service of Intention to apply for registration to Donor. Signed by all attorneys.
  • Affidavit(s) of Service of Intention to apply for registration to Notice Parties. Signed by all attorneys.

NOTE: All signatures require witnessing. Witness cannot be the donor's spouse or another attorney.

Step 3

Attorney personally serves the Intention to Apply for Registration on the Donor.

Sign affidavit confirming service was executed.

Step 4

Serve by registered post the Intention to Apply for Registration on the Notice Parties

Sign affidavits confirming service was executed.

Step 5

Serve by registered post the Intention to Apply for Registration on the Registrar of the Wards of Court.

Sign affidavit confirming service was executed.

Step 6

Attorney(s) sign the grounding affidavit confirming:

  1. that the Donor executed an Enduring Power of Attorney on a given date
  2. that the attorney(s) signed a form of Acknowledgement on a given date
  3. that the Solicitor's statement was signed on a given date
  4. that the medical practitioner statement was signed on a given date
  5. that notice of Intention to Apply for Registration was given to the registrar of Ward of Court and each of the Notice parties
  6. that the original EPA had not been interfered with
  7. that a medical report confirming mental capacity has been furnished
  8. that no other persons need be notified.

Step 7

Complete the Application for Registration enclosing the following documents:

  • Original Enduring Power of Attorney
  • Copy of Notice of Execution by the Donor of the EPA originally served on all Notice Parties
  • Copy of Notice of Intention to Apply for Registration given to the donor
  • Copy of Notice of Intention to Apply for Registration served on each Notice Party
  • Affidavits of service of the Notices referred to previously
  • Medical reports.

Application is sent to The Registrar of the Wards of Court.

Step 8

Serve by registered post a true copy of the Application for Registration on each Notice Party.

Sign affidavits confirming service was executed.

EPA Generator

The EPA Generator as commissioned by the Law Society of Ireland in 2006 is now available online to all solicitor practices