Procedure for urgent EPA applications

Procedure for urgent EPA applications 

The Decision Support Service (DSS) recently published a procedure document to assist members of the public who may need to urgently create or register an Enduring Power of Attorney (EPA).

Under the Assisted Decision-Making (Capacity) Act 2015, all EPAs must be registered with the DSS before they take legal effect. While the Act does not provide for emergency EPAs, the DSS can fast-track certain applications in exceptional circumstances. This new procedure is designed to ensure that people creating an EPA can complete the process quickly and correctly, even under time pressure.

Where an urgent application is needed, the donor or their authorised agent should contact the EPA helpdesk immediately to explain the circumstances. The DSS may then:

• prioritise setting up MyDSS online accounts for donors and attorneys
• expedite identity verification and accessibility applications
• support completion of the application steps over the phone, issuing templates for execution without delay.

The DSS will review urgent applications within five working days of submission, but the statutory five-week objection period still applies before the EPA can be registered.

The Chief Executive of the Mental Health Commission, John Farrelly, said: “At certain times in our lives we may need urgent assistance and support to vindicate our wishes, this guidance ensures that even in emergency or unforeseen situations our will and preferences can be identified and registered.”

The Director of the Decision Support Service, Áine Flynn, said: “Although it is rare, we have had cause to expedite an EPA application on a number of occasions. This procedure provides for the situation where a donor needs to urgently expedite an EPA application.”

In cases where a donor cannot access MyDSS or the prescribed paper forms, the DSS may - under section 69(1A) of the Act - treat a non-specified form as valid if it meets the Act’s legal requirements and the urgency criteria are clearly demonstrated. The DSS will require:

• written reasons why standard forms or MyDSS could not be used
• evidence of engagement with the DSS
• details of the circumstances that required urgent action
  If a donor loses capacity after the EPA has been properly executed but before registration, the DSS may still process the application once it is submitted.

As discussed at a meeting with the Law Society of Ireland, the DSS has also published revised ‘Guidance for Legal Practitioners’ to assist solicitors instructed in the creation and registration of EPAs with the DSS. The guidance is a consolidation and update of existing resources and aims to provide solicitors with a clear and practical framework for assisting clients through the EPA process on the MyDSS online portal.

The link to the guidance and the procedure document is located on the EPA page on the DSS website, which can be accessed through this link: Guidance for Legal Practitioners: Assisting your client to make an enduring power of attorney (EPA) | Decision Support Service
Further guidance and support is available by contacting the EPA Helpdesk at (01) 211 9750 or EPAhelpdesk@decisionsupportservice.ie.