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DSS sets out new guidance on emergency EPAs
Mark Garrett (Pic: Marc O'Sullivan)

25 Nov 2025 law society Print

DSS sets out new guidance on emergency EPAs

The Law Society has welcomed the publication of new guidance by the Decision Support Service (DSS) to help create an emergency Enduring Power of Attorney (EPA).

The organisation had previously raised concerns about this issue with Government and the DSS, as there was no clear process for speeding up emergency EPAs.

The Law Society says that a lack of clarity about how to make an emergency EPA had the potential to leave members of the public without a transparent process at critical moments.

It notes that two documents have been published on the DSS website:

  1. Procedures for processing expedited EPAs, which aims to help members of the public who may need to create an EPA in urgent or emergency circumstances, and
  2. Guidance for legal practitioners to assist their clients in making an emergency EPA.

Publication of the guidance documents follows engagement between the Law Society and the DSS.

The solicitors’ representative body says that the publication of guidance for legal practitioners recognises that, when faced with important decisions in their life, people often choose to seek professional legal advice.

‘Consistency’

Law Society Director General Mark Garrett said: “Both the DSS and the Law Society would like to see more people register an Enduring Power of Attorney, which is of benefit in numerous circumstances.

“These publications are welcome so that members of the public can have some consistency and guidance on how and when to make an EPA in urgent or emergency circumstances. This is an important step in making the EPA process more accessible,” he stated.

“The Law Society will now look at the documents in detail and will provide feedback where relevant,” the DG added.

“We will also continue to engage with the DSS and Government officials to secure any necessary changes to the EPA system to ensure the system can work effectively for all potential users,” he concluded.

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