Tom Clonan (Independent) | Oireachtas source

We are asking that the introduction of a two-step mechanism to register enduring powers of attorney be set aside. We so request because requiring the registration of an EPA after execution will create additional legal work and costs, etc. Those additional costs might deter people from taking that step and that would not be in the public interest. It is estimated that 80% of EPAs in the UK never have to be triggered or registered because the vast majority of donors do not lose capacity in their lifetime. I am assuming, based on the representations that have been made to me by legal practitioners, that a similar situation would pertain here in the Republic and, therefore, registration after execution of the EPA at that stage would prove totally unnecessary in the vast majority of cases, thus creating an additional and unnecessary administrative and cost burden.

In April, the Joint Committee on Children, Equality, Disability, Integration and Youth recommended the removal of this two-step process for registering an EPA. In its report on EPAs, the Law Reform Commission recommended that an enduring power of attorney should only be registered once donors have lost capacity to make essential decisions for themselves, and that there is no requirement to register them just after execution. One of the reasons for registering an EPA after execution was to have any errors regarding EPA documentation rectified while the donor could assist. However, this is no longer relevant because of the provisions in section 57(b) of the Bill.