An enduring power of attorney (EPA) is a legal document where you (the Donor) appoint someone to manage your property and affairs and to make decisions on your behalf in the event that you are no longer able to do so yourself through illness or incapacity.
EPAs made on or after 26 April 2023
The most important change is that the EPA must be registered with the Decision Support Service within 3 months of being made. The Decision Support Service must also be notified when the donor loses capacity. The Decision Support Service then supervises and monitors the EPA to make sure that the donor’s interests are protected.
EPAs made before 26 April 2023
If you made an EPA before the 26 April 2023, you do not need to register it with the Decision Support Service. If you become incapacitated, your attorney will register the EPA with the Office of the Wards of Court.
The only change for EPAs that were made before 26 April 2023 is that they now come under the Decision Support Service’s complaints procedure. Previously, complaints about EPAs had to go to the High Court, which was a long and costly process.
Under new draft legislation there is a proposal that registration will occur when you sign the EPA. Also, a registration fee will be payable to the new body, the Director of Decision Support Services (DSS).
What Changes have been brought in under the new system?
EPAs made on or after 26 April 2023 will be done under the Assisted Decision-Making (Capacity) Act, 2015. A number of these changes are as follows:-
- The Decision Support Service allows people to create an online portal to enable members of the public start the process.
- The newly established Decision Support Service will look after monitoring and registering the EPA. Prior to this, it was done via the Wards of Court Office.
- You must now register your EPA with the Decision Support Service after it is signed and put in place. There was no such requirement under the old system.
- There are enhanced notification requirements (i.e. the persons who must be notified that the EPA has now been put in place).
- When registering the EPA, the application for registration must be accompanied by statements from two doctors supporting the belief that the donor lacks capacity.
- The Decision Support Service will monitor EPAs and keep a register of EPAs. In addition, there are enhanced reporting obligations on your attorneys in that persons who act as attorneys must submit a written report to the Decision Support Service each year detailing costs and expenses or monies paid to them. In addition, your attorneys must keep proper accounts and records.
- The Decision Support Service can send personnel to speak to the attorneys if they get a complaint or if they want to check that the attorney is acting in your best interests.
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Whilst every effort has been made to ensure the accuracy of the information contained in this article, it has been provided for information purposes only and is not intended to constitute legal advice.
Disclaimer
This article contains general information based on Irish law and does not constitute legal advice nor is it intended to provide a comprehensive or detailed statement of the law.
For further information and advice in relation to this post, please contact us at info@astapleton.com or telephone 01 6797939.
