The Gazette 1996

GAZETTE

AUGUST/SEPTEMBER 1996

Practice Direction

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.

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 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 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 Summons and of the affidavit grounding it and copies of the hearing and any other matter required to enable the court to

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

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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