This article will tell you how to give notice of intention to register an EPA which was created in Northern Ireland. If you are looking to register an EPA which was created in England or Wales, you should read our article on notice of intention in England & Wales.
Before an EPA will be registered with the Office of Care and Protection, notice must be given to all those who require notice under the Enduring Powers of Attorney (Northern Ireland) Order 1987. To give notice, you should use Form EP1, which can be obtained from the Office of Care and Protection.
You must notify a minimum of three relatives in the order or priority prescribed by Schedule 1 Part 1 of the Enduring Powers of Attorney (Northern Ireland) Order 1987. This order is as follows:
If there is more than one relative to be notified in one of the groups above, you must notify all of them. So if, for example, the donor does not have a spouse (therefore a spouse cannot be notified) but has five children, then all five children must be notified using Form EP1. You should send this notice by method of first-class post.
It might be the case that there will be fewer than three relatives living out of the list prescribed by Schedule 1 Part 1 of the Enduring Powers of Attorney (Northern Ireland) Order 1987. If there are fewer than three relatives living, you should state this fact in your application registration.
Situations may arise where the attorney will not be able to obtain the address of one of the relatives in the list. In these cases, the attorney will not be able to give notice. In addition, if one of the persons to be notified is not yet 18 years of age or is not mentally capable, they are not entitled to notice. If this is the case the attorney should notify the Office of Care and Protection of the inability to give notice so that this fact is properly recorded and taken into account.
In addition to the donor's relatives, you must give notice to the donor him/herself using the Form EP1 notice, which must be delivered by hand. Although this will be done in the majority of cases, there may be instances where it will be inappropriate to give notice to the donor using EP1 because it will cause too much distress. If this is the case, an application should be made to the Court using Form EP3 (which can be obtained from the Office of Care and Protection) before you apply to register. The Court will then consider whether to dispense with notice. You cannot dispense with notice to the donor unless the Court agrees.
If there is more than one attorney listed in the EPA, then whether or not they will need to apply to register together depends on how they were appointed to act in the original EPA. When there is more than one attorney appointed to act, they would have been appointed to act either jointly or jointly and severally. If they were appointed to act jointly, then they must all apply to register the EPA together. If they were appointed jointly and severally, then it would have been possible for one of the attorneys to register without a co-attorney or co-attorneys.
If one or more attorneys intend to register an EPA without all of the other attorneys, then the attorney registering the EPA must give notice to any co-attorney using Form EP1. This should be sent by first class post.