Enduring Power of Attorney
Frequently Asked Questions
What is an Enduring Power of Attorney?
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.
It is a legal document and it is therefore advisable to seek guidance from a solicitor before creation.
How is an Enduring Power of Attorney created?
An Enduring Power of Attorney is a legal document and it is therefore advisable to seek guidance from a solicitor before creation.
To create an EPA you will first need to consider who will act as the Attorney(s) and who will act as the Notice Parties. Your solicitor can advise you further about this.
The Attorney(s) will look after your financial and/or personal affairs if you lose the mental capacity to do so yourself. The Notice Parties (at least two – one of whom must be a blood relative) will be notified that you have created a Power of Attorney.
Do I need to register an Enduring Power of Attorney?
Registration does not take place until the Donor (ie. the person who created the Enduring Power of Attorney) loses (or starts to lose) the capacity to manage his/her own affairs.
Once the Donor loses (or starts to lose) the capacity to manage his/her own affairs, the Enduring Power of Attorney should be registered.
How does smartlegal help with Enduring Powers of Attorney?
Creating or Registering an Enduring Power of Attorney (EPA) involves a lot of documents, and those documents take a long time to produce. Using smartlegal you can produce all the required documents in less than 5 minutes.
It’s simple and really straightforward – just answer some questions and then instantly receive your completed documents.
We’re so confident that you’ll love our system that we’ll let you test it for free. 😀
What documents are included when I use smartlegal?
When you use smartlegal to create an Enduring Power of Attorney, you get:
- Completed EPA Instrument (Parts A – E) ready for signature by Donor, Attorney(s), Solicitor and Medical Practitioner;
- Notices of Execution (one per Notice Party) + Affidavit(s) of Service of Notices of Execution;
- Letters to Notice Parties, Donor, and Registered Medical Practitioner.
When you use smartlegal to register an Enduring Power of Attorney, you get:
- Notices of Intention to Apply for Registration (individually addressed to Donor, Notice Parties, non-applicant Attorney(s), and Registrar of Wards of Court);
- Covering Letters + Affidavit of Service for Notices of Intention to Apply for Registration;
- Application for Registration + Covering Letters + Affidavit of Service of Application for Registration;
- Grounding Affidavit + Covering Letter to Registrar of Wards of Court.
Can I test the smartlegal service before purchasing?
Yes, absolutely (but you must register first). We have a ‘Test EPA’ that you can use – it’s exactly the same as the Full EPA except that (a) it’s free, and (b) the documents you receive will be watermarked PDFs (not easy to edit).
The advantage of purchasing a Full EPA from us is that there is no watermark and the documents you receive are in MS Word format – you can save them to your own computer and edit them if necessary.
An EPA is a legal document and should not be completed without legal advice. We therefore restrict access to practising solicitors.
First time users must register with us by filling in a short online form.
Once your registration is complete you can proceed to use our automations as and when you wish.