When you apply to register your enduring power of attorney (EPA) with us, you must tell certain people such as your spouse, civil partner and adult children, and give them a copy of the agreement. Those people then have five weeks from the date you have given notice to them to object to the registration of the EPA.
When your attorney applies to notify your EPA with us, they must also tell the same people who were notified of its registration. Again, those people have five weeks from the date you have given notice to them to object to the notification and activation of the EPA. This means they are challenging, or formally disagreeing with, something about the arrangement. This could be:
- a concern about the types of decisions included in the arrangement
- the person’s capacity to enter into the arrangement, or
- the suitability of the decision supporter
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. There are specific grounds on which an objection can be made.
To make an objection, you must use the forms we give you to tell us about your relationship to the person making the EPA. You must also tell us your reasons for making the objection and provide any relevant evidence or supporting documentation.
Before you begin
The easiest way to make an objection to the registration or notification of an EPA is through our online portal, MyDSS. In the portal, you can use a specific form on which you can make your objection.
If you currently do not have a MyDSS account, you can create a basic account at the link MyDSS. You just need an email address to do so.
If you cannot access a computer or set up an account online, that is not a problem. You can get in touch, and we will help you set up your account or find an option that meets your needs.
If you are a notice party (spouse, civil partner or cohabitant, adult children and any other decision supporters), the notice you receive provides instructions on:
- how to make an objection
- the date the objection must be made, and
- the application reference number to quote when making the objection
Anyone who can show they have a real interest or expertise in the donor’s welfare may also make an objection to the registration or notification of the EPA.
Before you begin making an objection you should check:
- that you are a person who is allowed to make an objection
- that your objection is for one of the allowed reasons
- that your objection is being made within the five-week time frame
⚠ You must make your objection within five weeks from the date notice was given. To calculate the five-week objection period, use the following example: if the donor gives notice on Monday, 3 November, the five-week period for making an objection ends at midnight on Sunday, 7 December.
Note: We cannot accept objections that are made after the five-week deadline.
Making an objection – step by step
You must take the following steps to submit your objection to us through our online portal MyDSS:
- Set up an account on MyDSS
- Fill out the objection form
- Upload any relevant evidence and supporting documents
- Pay the objection fee
- Submit the objection
After the five-week objection period has passed, we will review your objection to decide whether it is 'well founded'. ‘Well founded’ means the objection was made for good reasons and is well supported by evidence. We may need to ask you for more information as part of this review.
When we receive an objection, we check that:
- it was made by one of the people who are allowed to make an objection
- it was made within the five-week time frame
- it was made for one of the specific reasons allowed for making an objection.
We then write to the person and their supporter to tell them about the objection. We will ask if they agree with the objection and whether they have any further information they would like to tell us.
We may also talk to other people that we think may have relevant information about the objection.
After we make a decision, we will write to the person making the objection, as well as the person making the EPA and their attorney.
Objecting to the registration of an EPA
This happens at the point the EPA has been made and the person submits an application to us to register it. Objections may be sent to us for up to five weeks after the date notice was given about the application. After this time, we can no longer receive the objection. If you want to object to a person registering an EPA, you must provide us with information about one or more of the following reasons:
- the EPA does not meet required legal requirements
- the EPA contains a false statement
- notice requirements were not followed
- the proposed attorney is not a suitable person to make decisions on behalf of the person
- fraud, coercion, or undue influence was used to pressure the person into making the EPA
- the person does not have capacity (is not able) to enter into the EPA
Objecting to the notification of an EPA
Objections can also be made at the point when an attorney applies to notify us about an EPA to bring it into effect. This would be considered an objection to the notification of an EPA. This is a separate application to the registration of an EPA. If you are objecting to the notification of an EPA, you must select the option “Notification of an enduring power of attorney.”
If you want to object to an attorney notifying an EPA, you must provide us with information about one or more of the following reasons:
- the EPA does not meet the legal requirements for notification
- the notification contains a false statement
- notice requirements were not followed
- the person has capacity, and the EPA should not be brought into effect
Who can make an objection?
Objections can only be made by certain people. This includes notice parties, who are people that must be told about the arrangement. Anyone else who shows that they have a real interest or expertise in the welfare of the person can also object to an EPA. They will need to show us in what way they have an interest or expertise in the person’s welfare.
What if you are not allowed to make an objection?
If you are not a person who is allowed to make an objection, you can still get in touch about any concerns you have about the content of the EPA or suitability of the supporter. If the arrangement has been registered, you may also be able to make a complaint.
Find out more about how to make a complaint at the link: How to make a complaint
What does it cost?
The fee for making an objection is €12.
How can you appeal a decision about an objection?
If you are not happy about a decision we have made about an objection, you can appeal our decision to court.
An appeal to court must be made within 21 days of you being informed of our decision. The court may agree with our decision or make a direction in relation to the EPA. This may include a direction that we should not register the EPA, or that we should not accept the notification of an EPA.
Find out more
You can read more about making an objection in the guidance material in our Resources section. There is important information about:
- A step-by-step guide to using our online portal MyDSS