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This page contains information for legal professional and healthcare professionals

  • Guidance for Legal Practitioners: Assisting your client to make an enduring power of attorney (EPA)
  • Guidance for Medical and Healthcare Professionals for Completing a Capacity Statement

Guidance for Legal Practitioners: Assisting your client to make an enduring power of attorney (EPA)

Assisting your client to make an enduring power of attorney (EPA)

This guidance will assist solicitors who have been instructed in the creation and registration of Enduring Powers of Attorney (EPA) with the DSS. It has been developed to provide support, ensure clarity – including awareness of common pitfalls - and to promote best practice. Practitioners can read through the guidance below, or can download a pdf version of the guidance at the link Assist your client in creating an application to register an enduring power of attorney (EPA) Guidance for Legal Practitioners

Step 1: Review our 'Checklist: Getting EPA Ready'

Review the checklist with your client. The DSS has developed a checklist to help you, and your client, record the key information your client will need to know - and have ready - when making an EPA with you. Checklist: Getting EPA Ready

Step 2: Accessing MyDSS

Your client and their attorney(s) will all need to have their own MyDSS accounts and verify their identity with the DSS. There are two ways to create a MyDSS account:

Option 1

Creating an account for your client through the identity verification form process and logging in on behalf of your client using the green DSS log in button

Option 2

Alongside your client who has created a fully verified account and logged in via MyGovID using the blue DSS log in button

Option 1 – Identity verification form (IDVF) with the DSS - What will you need?
  • A copy of photo ID for your client (current and in date)
  • A copy of two proofs of address for your client (dated within the last 6 months)
  • An email address for your client

The DSS IDVF can be accessed through the link Identity Verification Application Form | Decision Support Service

Option 2 - MyGovID - What will you need?
  • Your client’s email address for their MyGovID account
  • Your client’s password for their MyGovID account
  • Access to the device the authentication code will be sent to

You may wish to proceed with option 1 for your client, as proceeding through option 2 will require you to have access to your client’s device to receive the multi factor authentication code that is issued through MyGovID each time access is requested through your client’s account. 

You can access the MyDSS portal through the link Sign in Custom Portal

Step 3: Recording your authority to act for your client on MyDSS

You can now record your authority to act on behalf of your client through your client’s account on MyDSS.
Your authority can be recorded through MyDSS by completing the following steps:

  1. Create an application to register an EPA on your client’s account
  2. Answer “no” to the question “Are you making this application on your own behalf?”
  3. Answer “yes” to the question “Are you a practicing solicitor appointed to assist the applicant in the creation of this application for registration with the Decision Support Service?”
  4. Record your contact details; your name, firm name, business address, contact number, and email address

By recording your authority on your client’s account, your client has provided their consent for the DSS to contact you directly and all communication by the DSS will also be sent to you as the solicitor on record for the application.

Step 4: Accessing DSS resources to assist your client

The DSS website contains several resources to assist you and your client in creating an EPA application. Please see listed below some links to DSS resources which may assist you and your client:

Step 5: Top tips to help your client make a good EPA

Errors can cause delays and, in some cases, require re-completion of some or all of the supporting documents if the legal requirements have not been met. To avoid delays for your client, you should consider the following to assist your client to make a good EPA:

  • The donor and all attorney declarations are executed at the same time with the same two witnesses across all declarations (date of execution)
  • All replacement attorneys (if any) sign an attorney declaration. All attorneys appointed (including replacement attorneys) must sign their own attorney declaration at the same time the donor is signing their declaration
  • The statement of capacity has been completed after the date of execution
  • If a solicitor is representing the attorney(s), they do not sign as a witness
  • Notice requirements have been met
  • There are no decisions relating to consent to, or refusal of, healthcare treatment included in the EPA. If general authority has been selected, additional general decisions have not been added which are already covered under the general authority
  • If specified authority has been selected, the donor has included what decisions are covered under this specified authority
  • If exclusions and/or exemptions are included, they are clear in their instruction
  • If your client wishes to include remuneration for their attorney(s), make sure they are aware that the attorney is already entitled to reasonable expenses as part of their role. If remuneration is included, it is clear and covers what it is for, when it is to be paid and the amount of remuneration is specified.
  • If your client wishes to include gifting, it must be specified in the application under property and affairs decisions, and is subject to restrictions under the Assisted Decision-Making (Capacity) Act 2015.
  • The application has been submitted to the DSS within three months of the execution of the instrument. When completing the EPA application on MyDSS with your client, make sure to use our checklist for registering an EPA with the DSS. 

You can contact us by emailing epahelpdesk@decisionsupportservice.ieor by calling Freephone +353 (01) 211 9750 on Monday – Friday between 09:00 – 16:00.

We are here to support you and your client in completing the enduring power of attorney application and to provide you with the information you require. 

Guidance for Medical and Healthcare Professionals Completing a Capacity Statement

Information and sample form for recording a capacity assessment and making a capacity statement for the purposes of making an enduring power of attorney. These are provided by way of guidance only.

Sample Form for recording a capacity assessment for registration of an EPA

Information and sample form for recording a capacity assessment and making a capacity statement for the purposes of notifying an enduring power of attorney. These are provided by way of guidance only.

Sample Form for recording a capacity assessment for notification of an EPA

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