# Solicitors Fees and Power of Attorney



## desk (24 Feb 2009)

Solicitor has charged €937 including VAT to set up an enduring Power of Attorney. The EPOA is due to be registered shortly and the solicitor is charging another €937 including VAT for it to be registered. He has mentioned the possibility of barrister fees also. Does this sound expensive or would it be the norm?


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## MOB (24 Feb 2009)

€937 incl. VAT to execute an Enduring Power of Attorney is ok - not much different to what I would charge.

€937 incl. VAT to register the Enduring Power of Attorney sounds impossibly cheap.  Are you sure you correctly understood the solicitor?

Below I have pasted some details of the work involved ( from the Law Society Guidelines for solicitors).  Sorry about formatting.
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A solicitor on receiving instructions to register an EPA should personally satisfy him/herself
that the donor is, or is becoming, incapable of managing his/her affairs.
The following steps should be taken in registering an EPA:
1. Obtain a medical certificate from a registered Medical Practitioner to the effect that
the donor is, or where appropriate, is becoming, incapable by reason of a mental
condition of managing and administering his/her own property and affairs.
9
2. Arrange with the attorney(s) to sign the following forms of notice of intention to
apply for registration (a separate form is signed in respect of each notice party) -,
(a) Notice of intention to apply for registration addressed to the Donor
(b) Notice of intention to apply for registration, addressed to the notice parties.
(Note Part 1 of First Schedule to Powers of Attorney Act, 1996 as to the order
of precedence of entitlement to notice of intention to apply, where notice
parties are deceased or otherwise)
(c) Notice of intention to apply for Registration addressed to the Registrar of the
Wards of Court.
3. Serve the Donor by registered post with the notice at 2(a) above, i.e. Notice of
intention to apply for Registration.
4. Have an Affidavit of Service in connection with serving the Notice of intention to
apply for Registration on the Donor sworn.
5. Serve the notice parties by registered post with the notice at 2(b) above, i.e. Notice of
intention to apply for Registration.
6. Have Affidavits of Service in connection with serving the Notice of intention to apply
for Registration on the notice parties sworn.
7. Serve notice (by ordinary post) on the Registrar of the Wards of Court of the intention
to apply for Registration.
8. Wait for five-week notice period to expire.
9. Arrange for the Attorney(s) to swear an affidavit grounding the application for
Registration setting forth fully the facts and/or circumstances giving rise to the
application. (See Order 129 Rule 3 of the Rules of the Superior Courts 1986).
10. File the following documentation (together with affidavits of service at 12 below)
with the Registrar of the Wards of Court Office:
(a) Application for Registration of EPA (See Form No. 1 in the Appendix to
Order 129 Rule 3 of the Rules of Superior Courts 1986).
(b) Original EPA.
(c) Copy Notice of execution by the Donor of the EPA given to the notice parties
at the time of the execution of the EPA.
(d) Copy Notice of intention to apply for Registration given to the Donor.
(e) Copy Notice of intention to apply for Registration given to the notice parties.
(f) Affidavit of Service in relation to the service on the notice parties of the
Notice of execution.
10
(g) Affidavit of Service in relation to the service on the Donor of the Notice of
intention to apply for Registration.
(h) Affidavit of Service in relation to service on the notice parties of the Notice of
Intention to apply for Registration.
(i) Medical Certificate from a registered Medical Practitioner.
(j) Affidavit sworn by attorney(s) at 9 above.
11. (a) a copy of this Application for Registration should be personally served on
the donor; and
(b) a copy of this Application for Registration should be served on the notice
parties by registered post.
12. (a) Swear affidavit of service of Application for Registration on donor.
(b) Swear affidavit of service of Application for Registration on notice
parties.


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## blackbrera (24 Feb 2009)

Have to say that those fees don't sound unreasonable.  It's a delicate matter that must be handled with the utmost precision and care.


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## juke (24 Feb 2009)

I agree with MOB - fees for 2nd stage far too low, and not at all representative of the time the precedure will take. Double would be far more realistic


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## desk (25 Feb 2009)

Thanks for all the replies. The solicitor said he was doing us a deal on the registration; which from what everyone is saying he actually is. Thanks again. This website is such a great resource in helping people understand and offering sound advice on legal matters etc.


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