This page provides information about the registering of an Enduring Power of Attorney which has been made in the Isle of Man for a Manx resident and therefore is required to be registered in the Isle of Man.
If you have a foreign Enduring Power of Attorney registered in the Court in which the Donor is domiciled, but there are funds held in an Isle of Man bank account, you do not need to register that Enduring Power of Attorney in the Isle of Man. The rule in In re Isle of Man Bank (CLD) 1996-98 MLR 493 allows Isle of Man banks to deal with the foreign registered Enduring Power of Attorney as of right, without the same being confirmed by the Manx Courts.
This page is for guidance only. If you are thinking about an enduring power of attorney you should seek legal advice.
All forms for Enduring Power of Attorney applications can be found on the Forms page here.
The guidance leaflet to assist in creating and registering an Enduring Power of Attorney can be found here
What is an enduring power of attorney?
An Enduring Power of Attorney (EPA) is a legal document in which you ('the donor') appoint someone else ('the attorney') to look after your affairs in the event that you lose mental capacity. An ordinary power of attorney loses its validity when the donor loses the mental capacity to manage his or her own affairs. However, if an enduring power of attorney has been drawn up then it should be registered at the Isle of Man Courts of Justice in order that the attorney may continue to act on the donor’s behalf.
Why do I need to make an enduring power of attorney?
It is difficult to think about a time when you won’t be able to make your own decisions, however setting up an EPA can give you peace of mind that someone you trust will be able to make decisions on your behalf should the need arise.
Where can I get the regulations and application form?
The Powers of Attorney Act 1987 can be found here
Application forms can be found here
Application forms are also available to collect at the courts public counter
What costs are involved?
There is no cost to create the Enduring Power of Attorney.
You will have to pay a fee to file the “Application for registration” (Form 2).
For any other application, including an application to dispense notice you will pay a fee to file a “General form of application” (Form 3)
See section 9 within the Fees Order for the current fee information
Should I seek legal advice?
Whilst this is not essential, if you are in doubt as to the process or where the estate is substantial, Donors and Attorneys may wish to consider seeking legal advice. A list of Manx advocates is available through the Isle of Man Law Society at www.iomlawsociety.co.im.
It is advisable to seek legal advice if there is a need to make provision for the Donor’s affairs to be looked after in another jurisdiction: i.e. not the Isle of Man.
Please note that court staff are not legally qualified and cannot give you legal advice.
Who can I appoint?
You can formally appoint a friend, relative or professional to hold the enduring power of attorney which will allow them to act on your behalf. It may be a good idea to consider appointing more than one person to help prevent abuse of the responsibility, as you may not be able to check up on the attorney yourself if you become incapable. The attorney must be over 18 years of age. You should choose people you can trust to act in your best interests. 'The attorney' is an important role and one that the person chosen has to agree to take on.
When does the enduring power of attorney need to be registered and by whom?
The Attorney is the person responsible for registering the EPA. This is because the EPA is only registered when the Attorney believes that the Donor is becoming or has become mentally incapable of handling his or her own affairs.
What documents are required in support of a registration?
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the original enduring power of attorney form;
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a letter from a medical practitioner supporting the belief of the applicant that the donor is or is becoming mentally incapable.
Who do I give notice to?
Notice of the application to register the enduring power of attorney must be given to the donor, to every relative who is entitled to receive notice and to the co-attorneys if there are any. Note - for persons entitled to receive notice, see Schedule 1 of the Powers of Attorney Act 1987.
What do I do next?
The application to register must be lodged with the courts no later than 3 days after the latest date on which notice has been given.
When does the enduring power of attorney become registered?
After submission of the application to register, there is a waiting period of 5 weeks from the latest date of which notice was given. After that time, and provided no objections are received to the registration of the power, the enduring power of attorney will be registered.
What documents are returned to me?
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the original power of attorney which will have been signed by the Chief Registrar and stamped with the court seal;
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5 certified copies of the court order confirming registration.