Notifying 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 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.

Steps for notifying an enduring power of attorney

If you believe the donor now lacks capacity to make one or more of the decisions contained in the enduring power of attorney, you must take the following steps as the attorney to notify the enduring power of attorney:

  1. Fill out the enduring power of attorney notification application form
  2. Visit the donor's doctor or another healthcare professional to get a statement that they lack capacity to make one or more of the decisions contained in the enduring power of attorney
  3. Inform certain people (give notice) that you are notifying the enduring power of attorney
  4. Pay the notification fee
  5. Submit the notification application to the Decision Support Service

We will review your application to notify the enduring power of attorney and make sure it follows the necessary legal requirements. We may need to ask you for more information as part of this review.

When we accept the notification of the enduring power of attorney, we will add it to the Register and it will come into effect.