Useful EPOAR information & guidance
Declaration form
EPOAR has a section that has to be completed for statutory requirements and one of the requirements is that a named attorney is willing to act in terms of the PoA. It is highly recommended that a record is kept of how and when the attorney confirmed their willingness to act so that if need be it can be relied upon future.
The Public Guardian reserves the right at any time to call upon evidence of the attorney's consent to act. It is therefore essential that satisfactory evidence of this is retained on record. This will either be a statement to that effect signed by them, or an email communication or similar.
We provide an (optional) attorney declaration form that can be used to record that a named attorney:
- is willing to act and
- is not currently declared as bankrupt, that is if they have been granted continuing powers. When we talk about bankruptcy this means if an estate has been sequestrated for insolvency or a protected trust deed has been granted.
This form includes information for attorneys on what their duties and responsibilities are, therefore although the form is not mandatory, we do strongly encourage its use.
Written evidence need not be submitted with your PoA documentation however you should keep it somewhere safe, as we may ask to see this at a later date.
Guidance
You may find the following guidance useful when thinking about using EPOAR or if you need some help to make your submission online.