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GAZETTE
AUGUST/SEPTEMBER 1996
Practice Direction
Practice Direction
Powers of Attorney
Act, 1996
Enduring Powers of
Attorney Regulations
1996.
(S. I . No. 196 of
1996)
The above entitled Act contains
provisions for applications to be made
to the High Court in relation to
"enduring powers of attorney" as
therein defined. Pending the making of
Rules of Court by the Superior Court
Rules Committee the procedure to be
adopted in making such applications
should be as follows:
(1) Applications under sections 8, 9( 1),
9(3) of the Act and paragraph 4(2)
of the First Schedule to the Act
should be made by Special
Summons to be issued in the Central
Office. The summons should be
entitled:
"In the matter of the Powers of
Attorney Act, 1996"
In the matter of an Instrument
creating an Enduring Power of
Attorney executed by A.B. of
on the
day of
19.
On the application of
C.D.
of
It should be addressed to the
"Registrar of Wards of Court".
Reference to the requirement to
attend before the Master contained
in Form 3 of Appendix A to the
1986 Rules should be deleted and in
lieu thereof the following inserted;
"No service. This Summons is
issued for the purpose of
obtaining an order pursuant to the
provisions of the Powers of
Attorney Act, 1996".
(2) The Endorsement on the summons
should set out the section of the Act
under which the application is
brought and the relief claimed. It
should be grounded on an affidavit
which should contain the
information set out in Schedule 1
hereto, and which should exhibit the
documents set out in, Schedule 2
hereto.
(3) As soon as practicable after the issue
of the Summons two copies of the
Summons and of the affidavit
grounding it and copies of the
exhibits (certified by the applicant's
solicitor as being true copies) should
be delivered by hand to the office of
the Registrar of Wards of Court.
(4) When an application for registration
is made under section 9( 1) of the
Act and section 10(2) does not apply
the Registrar shall proceed to
register the Enduring Power of
Attorney in accordance with the
provisions of the Act. When section
10(2) applies and in the case of
applications under sections 8 and
section 9(3) of the Act the Registrar
shall obtain the directions of the
President of the High Court or a
judge nominated by him as to what
enquiries are to be made [when the
application is made under section
9(1)], what persons should be given
notice of the hearing, the date of the
hearing and any other matter
required to enable the court to
exercise its jurisdiction under the
Act. In the case of applications
under paragraph 4(2) of the First
Schedule to the Act the Registrar
shall obtain the directions of the
President or a judge nominated by
him as to the date of the hearing and
as to the persons (if any) who should
be given notice of the hearing.
(5) Applications under section 12(1)
and 12(3) shall be by notice of
motion to be issued in the Central
Office directed to the Registrar. The
Registrar shall obtain the Directions
of the President or of a judge
nominated by him as to the persons
to be served with the motion (if
any), the date of the hearing, and
any other matter required to enable
the court to exercise its jurisdiction
under the Act.
Dated:-
24 July 1996.
Signed:-
President of the High Court.
SCHEDULE 1
Information to be set out in the
Affidavit grounding an application
for relief under the Powers of
Attorney Act 1996.
(i) The present address of the Donor
and of the persons to whom
notice under the Act has been
given
(ii) The date on which the EPA was
executed.
(iii) The date on which Notice of
Execution by the Donor was
given and the persons to whom
such Notice was given.
(iv) Date of Completion of Statement
by Attorney (Part C of
Regulations).
(v) Date of Completion of Statement
by Attorney (Pan D of
Regulations).
(vi) Date of Completion of Statement
by Solicitor (Part D of
Regulations).
(vii) Date on which Notice of
Intention to apply for
Registration was given to the
Donor.
(viii) Dates on which Notice of
Intention to apply for
Registration was given to the
Notice persons, referred to in (i)
and (iii) above.
(ix) That the EPA is in the same state
plight and condition as when it
came into the possession of the
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