Enduring Power of Attorney

An enduring power of attorney lets someone you choose act for you if you lose the capacity to decide yourself. NotaryPublic24 notarizes and apostilles your EPA for use abroad, within 24 hours.

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What is an enduring power of attorney?

An enduring power of attorney (EPA) is a document in which one person, the donor, appoints another to make decisions on their behalf – and it keeps working if the donor later loses mental capacity.

The name means different things depending on where you are:

  • England and Wales – no new EPAs since 1 October 2007, when the Mental Capacity Act 2005 replaced them with lasting powers of attorney. An EPA made before that date is still valid and is handled by the Office of the Public Guardian.
  • United States – the equivalent is a durable power of attorney.
  • Ireland, Northern Ireland, Australia, New Zealand, Canada and Hong Kong – EPAs are still made, and this page is about them.
  • Scotland – the equivalent is a continuing power of attorney.

The enduring part is the point: an ordinary power of attorney ends the moment the donor can no longer decide, which is precisely when the family most needs it.

Most systems require a formal step before use once capacity is in doubt – registration, a medical certificate, or both. In Ireland, an EPA under the Assisted Decision-Making (Capacity) Act 2015 can also cover personal welfare.

The Importance of an enduring power of attorney

Without a valid enduring power of attorney, the family must apply to a court or tribunal to have a deputy or guardian appointed – a slow, public and expensive process, while accounts sit frozen.

It matters even more across borders: a donor in Ireland with an Australian pension, or a Spanish holiday flat with family in New Zealand.

A foreign bank cannot judge whether an unfamiliar document is genuine. Notarization and an apostille give it a recognised way to verify.

Timing is what people get wrong. An enduring power of attorney can only be made while the donor still has capacity – it has to be made early to be worth anything.

While you still have capacity, an EPA can be cancelled – see our guide to power of attorney revocation.

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How to get an enduring power of attorney

Use the prescribed form of the place where the donor lives – an Irish form will not do for British Columbia, and a New South Wales form will not do for Queensland.

The donor chooses the attorneys, signs while capacity remains, witnesses sign, and the document is registered with the responsible body:

  • Ireland – the Decision Support Service, under the Assisted Decision-Making (Capacity) Act 2015, since 26 April 2023.
  • Northern Ireland – the Office of Care and Protection, under the Enduring Powers of Attorney (Northern Ireland) Order 1987.
  • Australia – the relevant state or territory body; rules differ from state to state.
  • New Zealand, Canada and Hong Kong – each has its own statutory scheme.

NotaryPublic24 does not draft or register enduring powers of attorney. We notarize and apostille an existing EPA so it can be relied on outside the country where it was made.

Notarized enduring power of attorney?

Within its home country an enduring power of attorney usually does not need a notary – the statutory witnessing and registration give it force.

Notarization becomes necessary when the document has to leave the country: a Spanish bank cannot verify an Irish EPA on its own.

A notary certifies the document, commonly as a certified true copy of the registered original, and an apostille certifies the notary. That is the chain a foreign institution can follow.

NotaryPublic24 handles it online within 24 hours. See power of attorney apostille, UK power of attorney types explained and our guide on getting a power of attorney for an elderly parent.

Based in Ireland? Our guide to the enduring power of attorney in Ireland covers the Decision Support Service process in detail.

Enduring power of attorney notarization process with NotaryPublic24
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How can NotaryPublic24 help?

Looking for reliable Notary Public services? NotaryPublic24 provides a fully compliant notary service that adheres to all applicable laws and regulations. With our certified Notary Public professionals, we ensure efficient and secure document authentication.

No matter if you are in the need of notarizing birth certificates, power of attorney, affidavits, a signature or any other documents – we will guide and help you throughout the whole process.

Uncertain about your possibilities? Contact us in a way that fits you the best, either by emailing us at “info@notarypublic24.com”, using our “Free Consulting” website form, or by chatting with one of our experts through the live chat application.

Frequently asked questions

What is a notarization?

Notarization is the official process of having a document legally verified by a notary public. A notary public is an authorized official who verifies the identities of the people signing a document and confirms that the signatures are authentic. This process makes the document legally recognized and trustworthy, helping to prevent fraud and ensuring its validity for important matters like buying a house, signing a contract, or creating a will.

What is an Apostille?

An Apostille is a certificate that makes your document valid in other countries. It's like a stamp of approval that confirms your document is real and can be used in countries that are part of the Apostille Convention. This agreement between countries makes it easier to use important documents like birth certificates and marriage licenses abroad without needing any other certifications. The Apostille verifies the signatures and seals on your document, ensuring it's accepted as genuine.

What is a Notary Public?

A Notary Public is an authorized official who has the right to issue certain certificates. An example is the Apostille stamp. A Notary Public is authorized by the state and applies their official seal and signature to certify the documents.

What is the difference between an enduring power of attorney and a lasting power of attorney?

They serve the same purpose but belong to different systems. In England and Wales, lasting powers of attorney replaced enduring powers of attorney on 1 October 2007 under the Mental Capacity Act 2005, and no new EPA can be made there. An EPA made before that date remains valid and can still be registered with the Office of the Public Guardian. In Ireland, Northern Ireland, Australia, New Zealand, Canada and Hong Kong, the enduring power of attorney is still the current document.

When does an enduring power of attorney take effect?

That depends on the jurisdiction and on what the donor wrote in the document. Some allow the attorney to act as soon as the document is made and, where required, registered. Others only take effect once the donor has lost capacity, usually evidenced by a medical assessment. Several require registration with a public body before the attorney can act at all.

Does an enduring power of attorney need to be notarized?

Not for use in the country where it was made – the witnessing and registration rules in the local legislation are what make it effective there. Notarization is needed when the document has to be accepted abroad, by a foreign bank, land registry, pension provider or share registrar. It is normally paired with an apostille.

Can I notarize online?

Yes, you can notarize your documents online. With our online service, simply upload your documents, complete the checkout process, and verify your identity digitally. It only takes a few minutes! You'll receive your notarized documents within 24 hours with a sealed notary stamp.

Do I need to be physically present?

No, you do not have to be physically present to notarize online. However, you need to verify your identity with a government issued ID.

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