On this page
- Making an enduring power of attorney
- Notifying an enduring power of attorney
- How do I find out if someone has an enduring power of attorney?
- Objecting to an enduring power of attorney
- Monitoring an enduring power of attorney
- Ending an enduring power of attorney
- Changing an enduring power of attorney
- What does it cost?
If you are planning ahead, you can make and register an enduring power of attorney. This arrangement gives authority to a person you know and trust, to act on your behalf if you lose the capacity to make certain decisions in the future. This person is called your ‘attorney’ but does not need to be a lawyer. These decisions can be about your personal welfare and property and money matters.
You can give your attorney the general authority to act on your behalf about all or part of your property and affairs and personal welfare. Alternatively, you can give your attorney the authority to do specific things on your behalf.
You can have more than one attorney and you can choose a replacement attorney in case one of your attorneys is unable to continue in the role. If you have more than one attorney you will have to tell us if they have to make decisions together, or separately.
Making an enduring power of attorney is a two-stage process. First, you make the enduring power of attorney, choosing one or more attorneys and the decisions they will make on your behalf. You register it with us at this stage, while you have capacity. Next, your attorney tells us if and when you lose the ability to make one or more of those decisions and asks us to bring it into effect.
This is similar to enduring powers of attorney that were made under the Powers of Attorney Act 1996. They are different because we supervise all new attorneys and make sure they are doing their job correctly.
Making an enduring power of attorney
An enduring power of attorney must be made in writing and signed by you, your attorney and two witnesses. It must include details of the authority you want to give your attorney. You must register it with us within 3 months of making it.
Notifying an enduring power of attorney
Notifying an enduring power of attorney takes a number of steps. This includes getting forms completed by different people, including the donor's doctor or another healthcare professional.
We will provide you with the forms and templates you will need as the attorney to notify the enduring power of attorney.
The easiest way to notify an enduring power of attorney is through our online portal myDSS. If you already have an account with us, you can log in to your account and start a new notification application. You can also start the process by viewing the registered arrangement and selecting the relevant option.
If you do not have an account with us, that is no problem. You can contact us, and we will help you set up your account, or post you a paper form.
How do I find out if someone has an enduring power of attorney?
We maintain a register of enduring power of attorneys. Certain people or organisations, like banks, lawyers and doctors, can search the register if they have a good reason to do so. We can also give them a certified copy of an enduring power of attorney.
We will keep a record of anyone who searches the register or requests a copy of an enduring power of attorney.
Objecting to an enduring power of attorney
When your attorney applies to register your enduring power of attorney with us, they must tell certain people, for example, your spouse, civil partner and adult children, and give them a copy of the agreement. Any of those people have five weeks to object to the registration of the agreement. There are specific grounds on which an objection can be made.
When we receive an objection, we will review it. If we believe there are good grounds for the objection, we may ask court to decide if the agreement should be registered.
Monitoring an enduring power of attorney
We will monitor an enduring power of attorney when it has been registered with us. We monitor decisions made by the attorney as part of the arrangement.
The attorney must submit a written report to us every year. Each report must include any details of costs, expenses or money paid to the attorney in relation to their duties.
Ending an enduring power of attorney
You can cancel your registered enduring power of attorney if it has not been brought into effect and you have capacity to do so. The enduring power of attorney must be cancelled in writing and signed by you and two witnesses. Cancelling your enduring power of attorney is called revoking the arrangement.
An attorney can resign from a registered arrangement before it comes into effect by notifying us and you that they wish to do so. If it has been brought into effect, the attorney can only resign with the consent of the court.
Changing an enduring power of attorney
You can change your registered enduring power of attorney if it has not come into effect, you have capacity to do so, and it has been registered with us for more than six months. After that, you can change it once every year. Any changes to the enduring power of attorney must be made in writing and signed by you and two witnesses. Changing your enduring power of attorney is called varying the arrangement.
What does it cost?
There is a fee to register an enduring power of attorney with us and to change a registered enduring power of attorney. There is also a fee to notify an enduring power of attorney to bring it into effect. Some people may not have to pay a fee. This will depend on your individual circumstances, including your income and dependents.
The fee for registering or varying an enduring power of attorney is €30. The fee for revoking an enduring power of attorney is €90. The fee for notifying an enduring power of attorney to bring it into force is €90.
You may also have to pay your doctor or another healthcare professional to get a capacity assessment and your lawyer to get a statement for the arrangement.