Your ‘one stop shop’ to making an EPA
10 Aug, 2023
At different times in our lives, we all need to make decisions. We make important decisions about our personal welfare, finances, property, and financial affairs. There may come a time in the future where you are unable, or lack decision-making capacity, to make decisions for yourself.
Planning ahead is important for your peace of mind, but also for your loved ones. It allows you and those around you time to get to know and understand your wishes for the future.
By talking to the people who care for you regarding your wishes for decisions about your wellbeing, where you live, your finances, property and providing for your loved ones, those around you will know what to do to help you should you not have the ability to make those decisions for yourself.
Deciding to make an enduring power of attorney, or an EPA for short, is an important decision. An EPA is a legally recognised arrangement that lets you plan ahead for a time when you may be unable to make certain decisions for yourself. It lets you set out the types of decisions you may need help with and appoint someone you know and trust to make them on your behalf. The person you appoint is called your attorney. The attorney’s role is to act on your behalf to make certain decisions if you are unable to in the future.
- To find out more about an EPA and becoming a person’s attorney you can click on the link Read More about an Enduring Power of Attorney. This outlines all of the relevant information in making, objecting to, monitoring, ending, changing an EPA and how to find out if someone has an EPA and also how much it costs.
- You can watch our video about an EPA by clicking on the link DSS Information: Enduring Power of Attorney
- There is a code of practice for attorneys (your trusted person that you wish to appoint to give effect to your will and preferences outlined in your EPA) that are appointed. This code of practice provides guidance for attorneys appointed under an EPA to meet their responsibilities and duties under the Act by making decisions on the person’s behalf once the EPA is brought into effect. You can download the code of practice at the link Code of Practice for Attorneys.
- Legal or financial advice may help your understanding, particularly if you have complex affairs. For example, you might have a number of properties, or ongoing court proceedings. While you are not required to get legal advice as part of an application for an EPA, a legal practitioner will need to provide a statement that you understand the effect of making an EPA and that they have no reason to believe you have been pressured, forced or tricked into making one. If you are a legal practitioner and have any questions you can click on the link Frequently Asked Questions for the legal profession.
- We have also provided sample forms for your legal advisor, so they can familiarise themselves with what is required. To view these forms, you can click on the link Forms for legal practitioners.
- There are a number of steps to go through when making an EPA. We have developed a step-by-step guide to assist you. An EPA must be made in writing and include details of the decisions you want your chosen attorney to make for you. An EPA must include a number of different statements and supporting documents. Our step-by-step guide will provide you with detailed instructions for making an EPA and it can be accessed at the link MyDSS step-by-by-step Guide to making an enduring power of attorney.
- You can make your EPA through our online portal ‘MyDSS’, which can be accessed at the link MyDSS.
- You must register your EPA with us for it to be legally valid. We have developed forms and templates to assist you. The forms and templates are available at the link Sample online forms for Enduring Power of Attorney. Please note that the sample online forms on this page are for illustrative purposes only. They are not for use or to be accepted by any third party and will not be accepted by the DSS – unique forms will be generated during the application process. These unique forms are to be used for the purposes of making an application.
- Finally, if you wish to understand a term used in the legislation, or to get a clear definition, you can read all the explanations on the link to our Key Terms webpage.
For further information and assistance, you can contact our Information Services Team on +353 1 211 9750 or at email@example.com.