Enduring Power of Attorney
Planning ahead is one of the most important steps you can take to safeguard your future and ensure your wishes are followed. We offer expert legal support in creating Enduring Powers of Attorney (EPA) — a legal instrument that allows you to appoint a trusted person to make decisions on your behalf if you become mentally incapable of doing so. The Enduring Power of Attorney is created and registered when you are fit and well and is then activated if a time comes that you can no longer manage your own affairs.
New Online Registration Process
The law around Enduring Powers of Attorney has recently changed. Under the Assisted Decision-Making (Capacity) Act 2015, the process for creating and registering an EPA is now managed entirely online through the Decision Support Service (DSS). This replaces the previous paper-based system and introduces new formalities and safeguards, including enhanced notification requirements and a broader focus on the donor’s rights and preferences.
Our solicitors are fully up to date with this new system and will guide you through the entire online process — from initial planning and document preparation to submission and registration with the DSS.
What If It’s Too Late to Make an EPA?
If you have a loved one who no longer has the mental capacity to manage their own affairs and does not have an EPA in place, we can help. In these situations, an application can be made to the Circuit Court under the Assisted Decision-Making (Capacity) Act to have a suitable person appointed — known as a Decision-Making Representative — to manage their personal and financial affairs. Our team can assist with preparing and submitting the necessary application and supporting documentation to the court.
Our EPA Service includes:
- Advice in relation to documents needed to create your Decision Support Service Portal
- Drafting the EPA in compliance with current legislation
- Coordination with your doctor and notice parties
- Online registration with the Decision Support Service
- Court applications where an EPA is not in place
- Ongoing support throughout the process
- Creating an EPA ensures that your affairs will be managed by someone you trust, if the need arises
To learn more or begin the process, contact us today for a confidential consultation.
