Registering an Enduring Power of Attorney (EPA) can appear to be a complex and challenging process. However, we have outlined below a series of key steps to guide you.

Since 26 of April 2023 the creation of an Enduring Power of Attorney must be done through the Decision Support Service (DSS) in accordance with the Assisted Decision-Making (Capacity) Act 2015 (as amended).

The first step necessary is to set up an online account for the Donor with the DSS. We have found that the easiest way to do this is through your My.GOV.ie account.

It is also necessary that the appointed Attorney(s) set up their own account on the DSS website. When the Attorney(s) have set up their account(s), they must accept their nomination and position as your Attorney(s) on the DSS website.

Once your MyGov.ie and the DSS account are set up you will need to complete your Enduring Power of Attorney Application on the DSS website. Your appointed Attorney(s) can set up your DSS account and/or complete the application on your behalf.

Regardless of how your application is processed it will be necessary for your Attorney(s) to have an in-person meeting with you to explain what is involved and the effect and consequences of creating the Enduring Power of Attorney. They must be satisfied that you understand the legal and practical consequences of making an Enduring Power of Attorney. They must also be satisfied there is no undue influence or duress being exerted upon you and provide a Legal Practitioner’s statement confirming this.

Once you have confirmed your instructions, you need to complete the application by filling out the necessary forms that need to be signed by you, your Attorney(s), your Witnesses, and your doctor.

It is a requirement under the Assisted Decision Making and Capacity Act 2015 (as amended) that you, the Donor, the Attorney(s) and the Witnesses are all present in the same room at the same time while you sign the Declarations and forms.

For further information on establishing an EPA, please contact Michael Heslin, who has extensive experience in this area. Since the implementation of the new system, Michael has successfully registered over 30 EPAs and continues to support ongoing registrations.