Appendix MM: Powers of Attorney Act 1996

Appendix inserted by SI 66 of 2000 effective 8 March 2000.
Renamed Appendix MM SI 185 of 2022, effective 26 April 2022.

No. 1 Application for Registration
No. 2 Notice of Motion for Applications to the Court (other than the Registrar)
No. 3 Notice of Objection to Registration (by Donor)
No. 4 Notice of Objection to Registration (by person other than Donor)
No. 5 Certificate of Receipt of Application for Registration/Certificate of Registration

 

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No. 1

Order 129, r3.

 

APPLICATION FOR REGISTRATION:

In the matter of the Powers of Attorney Act, 1996 and in the matter of an instrument creating an enduring power of attorney

 

 


EXECUTED BY ............ OF ............... ON THE ....... DAY OF ......... 20...

 

 

Take Notice that I/We of  ............ the Attorney/s of A.B.  ............ (herein after called "the Donor") of  ............ hereby apply to the High Court for the registration of the instrument creating the Enduring Power of Attorney appointing me/us Attorney/s and executed by the Donor on the ..... day of ........ 20...

 

 

This Application is grounded upon the Affidavit of ............. sworn on the ...... day of ......... 20 ..... and the following documents annexed hereto:

 

(i) the said Enduring Power of Attorney dated the ..... day of ......... 20...

(ii) copy notice dated the ..... day of ........... 200.. of ........... Execution by the Donor of the Enduring Power of Attorney given to A.B. of .......... being ................ (state status or class of notice party in accordance with requirements of First Schedule to the Act)

(iii) copy notice dated the ............... of ................ the Execution by the Donor of the Enduring Power of Attorney given to C.D. of ................ being (state status or class etc.)

(iv) copy Notice dated the ........ day of .......... 200 .... of Intention to apply for registration given to the Donor

(v) copy notice dated the ........ day of .......... 200 ... of Intention to apply for registration given to A.B.

(vi) copy notice dated the ........ day of .......... 20 .....of Intention to apply for registration given to C.D. [see par (iii)]

(vii) Affidavits of Service of the Notices referred to at paragraphs (iv), (v) and (vi) above

(viii) Certificate of Dr ........... dated the ...... day of ............. 20 ... to the effect that the Donor is (or is becoming) incapable by reason of a mental condition of managing his/her property and affairs.

 

Dated this .... day of .......... 20..
(solicitors for) the Attorney/s

 

Addressed to:

The Registrar of Wards of Court
Aras Ui Dhalaigh
Inns Quay
Dublin 7

.... day of ........... 200

 

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No. 2

Order 129, r4.

 

NOTICE OF MOTION FOR APPLICATIONS TO THE COURT (Other than the Registrar):

In the matter of the Powers Of Attorney Act, 1996 and in the matter of an instrument creating an enduring power of attorney

 

 

EXECUTED BY ............ or ..................... ON THE ..... DAY OF ........ 20...

 

 

BETWEEN

A.B.

Applicant

-and-

C.D.

Respondent

 

Take Notice that on the ....... day of ............. 200... at 10.30 o'clock in the forenoon or at the first opportunity thereafter Application will be made to the High Court on behalf of Donor/Interested Party] of ............ for an Order pursuant to Section .... of the Act

 

This Application is grounded upon the Affidavit of .............. sworn on the ...... day of ............... 200 .... and the documents and exhibits therin referred to including the following documents:

 

(i) the said Enduring Power of Attorney dated the .... day of ............ 200

(ii) (Schedule such of the further documents listed in Form No. 1 as shall have been executed and are in the possession or procurement of the Applicant) — which said documents are enclosed herewith.

 

Dated this ..... day of ............ 20

(Solicitors for) the Attorney/Donor/Interested Party

 



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No. 3

Order 129, r3(7).

 


NOTICE OF OBJECTION TO REGISTRATION (By Donor):

In the matter of the Powers of Attorney Act, 1996 and in the matter of an instrument creating an enduring power of attorney

 

 

EXECUTED BY .......... OF ............ ON THE ..... DAY OF ........... 200..

 

 

I ............. of ................  being the Donor of the instrument creating the Enduring Power of Attorney executed by me on the appointing ................ of ................ Attorney/s and having being given Notice dated the ................. day of ...... 200 ... by the said Attorney/s of his/their intention to apply to the High Court for the registration of the said instrument hereby object to such registration on the following grounds:—

[Specify which of the grounds set out in section 10(3) are relied upon]

 

 

Dated this .......... day of ............ 200

(Signed)

 

 

TO: The Registrar of Wards of Court

Aras Ui Dhalaigh
Inns Quay
Dublin 7

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No. 4

Order 129, r3(7).

 


NOTICE OF OBJECTION TO REGISTRATION (By Person other than the Donor):

In the matter of the Powers of Attorney Act, 1996 and in the matter of an instrument creating an enduring power of attorney

 

 

EXECUTED BY ............ OF ............... ON THE .... DAY OF ........ 200...

 

 

I .............. of .............. having being given Notice dated the .... day of ............ 200...

 

By ................ of ............... the Attorney/s appointed by ..................... of .................. ("the Donor") under an instrument creating the Enduring Power of Attorney executed by the said ............ Donor on the .... day of ...... 200... of his/their intention to apply to the High Court for the registration of the said instrument hereby object to such registration on the following grounds:-

[Specify which of the grounds set out in section 10(3) are relied upon].

 

 

My relationship to the said Donor is (or) I am not related to the said Donor

 

Dated this .... day of .....
Signed ............

 

TO: The Registrar of Wards of Court
Aras Ui Dhalaigh
Inns Quay
Dublin 7



 

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No. 5

Order 129, r5(7).


 

CERTIFICATE OF RECEIPT OF APPLICATION FOR REGISTRATION / CERTIFICATE OF REGISTRATION

In the matter of the Powers of Attorney Act, 1996 and in the matter of an instrument creating an enduring power of attorney

 

 

EXECUTED BY A.B. OF ......... ON THE ...... DAY OF ........ 200

 

 

I hereby certify that an application for the registration of an Instrument creating the Enduring Power of Attorney appointing Attorney/s and executed by ............. the Donor on the ...... day of ........ 200 .. was received from .................. in the Office of Wards of Court on the ...... day of ........... 200 ... [and has not yet been determined]/[has been registered on the .... day of ......... 200 ..]

(*delete which is not applicable).

 

Signed: ..................

 

REGISTRAR OF WARDS OF COURT
ARAS UI DHALAIGH
INNS QUAY
DUBLIN 7

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