EPA Registration in Ireland — How to Register with the Decision Support Service

Under the Assisted Decision-Making (Capacity) Act 2015, all Enduring Powers of Attorney (EPAs) in Ireland must be registered with the Decision Support Service (DSS). Registration is a crucial step — an unregistered EPA has no legal effect when you lose capacity.

What Is the Decision Support Service?

The Decision Support Service is an independent state body established under the 2015 Act. It maintains the register of EPAs, investigates complaints, and oversees attorneys to prevent abuse. All EPAs made under the new system must be registered with the DSS.

Step-by-Step EPA Registration Process

1. Make the EPA: Working with a Cork solicitor, draft and execute the EPA document. Your solicitor certifies your capacity.
2. Attorney signs acceptance: Your attorney reads and acknowledges their duties and signs an acceptance.
3. Notice to specified persons: Specified persons (usually your spouse, civil partner, cohabitant, or children) must be formally notified of the EPA. They have 5 weeks to raise any objections.
4. No valid objection: If no valid objection is received within the 5-week notice period, the application proceeds to registration.
5. Lodge with the DSS: Your solicitor submits the registration application to the DSS, including the EPA document, solicitor's certificate, attorney's acceptance, and evidence of notification.
6. DSS registers the EPA: The DSS reviews and, if satisfied, registers the EPA. You and your attorney receive confirmation of registration.

Who Are the "Specified Persons"?

Specified persons who must be notified are defined in the Act. They typically include:

• Your spouse or civil partner (if any)
• Your cohabitant (if any)
• Your children who are over 18
• If you have no spouse/partner/children: your parents and siblings over 18

Your attorney and any substitute attorneys are also notified.

Can an EPA Be Objected To?

Yes. A specified person can object to the EPA on grounds including: the donor lacked capacity when making it; the EPA was made due to undue influence or fraud; the proposed attorney is unsuitable; or the EPA's content is defective. The DSS investigates valid objections before registering.

What If No Specified Persons Exist?

If you have no qualifying specified persons, the process still proceeds, but your solicitor must certify this fact and the notification requirements are adapted accordingly.

How Long Does Registration Take?

Allowing for the 5-week notification period plus DSS processing, EPA registration typically takes 8–12 weeks from the date the EPA is executed. Plan well in advance — do not wait for a health crisis.