68. F89[(1) The donor, or, with the donor’s written consent, his or her attorney, shall, not later than 3 months after the date of the execution of an instrument creating an enduring power of attorney or the date of receipt of all completed supporting documentation, whichever is the later, make an application to the Director, in accordance with this Part and any regulations and specifications made thereunder, to register the instrument creating the enduring power of attorney.]

(2) An application to register an instrument under subsection (1) shall be made in such F89[form as specified by the Director under section 79A] and accompanied by such fee as shall be prescribed.

(3) The F89[donor, or, as the case may be, his or her attorney, shall], at the same time as he or she makes an application under subsection (1), give notice, in such form as shall be F89[specified by the Director under section 79A], of the application and give a copy of the instrument creating an enduring power of attorney to the following persons:

F89[(a) where the application was made by the attorney, the donor,]

F90[(aa) where the application was made by the donor, his or her attorney or attorneys, as the case may be,]

(b) a spouse or civil partner (if any) of the donor;

(c) the cohabitant (if any) of the donor;

(d) any children of the donor who have attained the age of 18 years;

(e) any decision-making assistant for the donor;

(f) any co-decision-maker for the donor;

(g) any decision-making representative for the donor;

(h) any designated healthcare representative for the donor;

(i) any other attorney for the donor or attorney under the Act of 1996 in respect of the donor;

F89[(j) any other person or persons as may be specified by the donor in the instrument creating the enduring power of attorney as a person or persons to whom notice shall be given under this section and section 71A(3) and where there are fewer than 3 persons to whom notice may be given pursuant to paragraphs (a) to (i), the donor shall so specify at least 2 persons.]

F90[(3A) Subsection (3)(b) shall not apply—

(a) in relation to the spouse of a donor, where, at the time at which the application is made under subsection (1)—

(i) a decree of judicial separation has been granted to either the donor or his or her spouse by a court in the State or any decree has been so granted by a court outside the State and is recognised in the State as having like effect,

(ii) a written agreement to separate has been entered into between the donor and his or her spouse, or

(iii) subject to section 2(2), the donor and his or her spouse have separated and have ceased to cohabit for a continuous period of 12 months,

and

(b) in relation to the civil partner of a donor, where, at the time at which the application is made under subsection (1)—

(i) a written agreement to separate has been entered into between the donor and his or her civil partner, or

(ii) subject to section 2(2), the civil partners have separated and have ceased to cohabit for a continuous period of not less than 12 months.

(3B) Subject to section 2(2), subsection (3)(c) shall not apply in relation to the cohabitant of a donor where, at the time at which the application is made under subsection (1), the donor and his or her cohabitant have separated and have ceased to cohabit for a continuous period of not less than 12 months.]

(4) F89[A donor or attorney, as the case may be, may,] before making an application to register an instrument creating an enduring power of attorney, apply to the court for a determination on any question as to the validity of the power.

(5) F91[…]

(6) F91[…]

(7) An application to register an instrument creating an enduring power of attorney shall be accompanied by—

(a) the instrument creating the enduring power of attorney,

(b) F91[…]

(c) details of any existing decision-making assistance agreement, co-decision-making agreement, decision-making order, decision-making representation order, power of attorney (whether an enduring power or otherwise and whether registered or not) or advance healthcare directive in respect of the F89[donor],

(d) a copy of any notice given pursuant to subsection (3),

F89[(e) where a trust corporation is named as an attorney, the information and documents specified by the Director under section 58A(2), and]

(f) the prescribed fee.

(8) F91[…]