Responsibilities
The Office of the Wards of Court is only responsible for registration of enduring powers created under the Powers of Attorney Act 1996. For the creation of a new enduring power of attorney, please see the Decision Support Service website.
The purpose of an Enduring Power of Attorney under the Powers of Attorney Act 1996
The purpose of an Enduring Power of Attorney (EPA), is to appoint a person (an Attorney), to look after your financial and/or personal affairs, in the event that you no longer have the mental capacity to do so yourself.
An Enduring Power of Attorney is created by a person (the Donor), while they have mental capacity. The relevant legislation is the Powers of Attorney Act 1996 and the Enduring Powers of Attorney Regulations (S.I. 196/1996). The power only comes into effect when the Donor becomes mentally incapable of managing their affairs, at which time, the Attorney/s must apply for registration of the EPA.
The EPA can grant general authority to the Attorney, in relation to all of the Donor’s property and affairs, or may just give authority to do specific acts on the Donor’s behalf. Authority can also be given in relation to Personal Care decisions.
Registration of an Enduring Power of Attorney under the Powers of Attorney Act 1996
The Attorney/s must apply to the Registrar of Wards of Court for registration, once medical evidence has been obtained, confirming that the Donor is, or is becoming, mentally incapable of managing his/her affairs. The solicitor who drafted the Enduring Power of Attorney usually takes responsibility for registering the document.
Notification must be given to the Registrar of Wards of Court, the Donor and the Notice Parties, of intention to apply to have the power registered, after which, there is a five week period, in which any of the parties can object to the registration if they wish. The grounds on which an objection can be made, are listed on the Notice of Intention to Apply for Registration. Any objection should be sent in writing to the Registrar of Wards of Court.
Revocation of an Enduring Power of Attorney
An EPA can be revoked by the Donor at any stage, before an application for registration is made. Once the EPA has been registered, it may only be revoked by way of an application the High Court.
The role of the High Court
The High Court has a supervisory role in respect of an EPA, including the power to give directions about the management and disposal of the Donor’s property. An EPA, once registered, may only be cancelled with approval from the High Court.
After registration, the Wards of Court Office has no supervisory role in relation to a Donor, or an Attorney/s appointed under an Enduring Power.
