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Make an Enduring Power of Attorney

An Enduring Power of Attorney is a legal document giving a trusted person the power to make decisions on your behalf in the event that you no longer have mental capacity to do so. 

Should this situation arise, this trusted person (known as an Attorney), can then manage your financial affairs and make personal care decisions on your behalf.  You can grant your Attorney power to make a wide range (or if you prefer, a limited range) of decisions on your behalf, such as whether to sell or buy property, run your business, pay your bills and taxes, apply for social welfare payments, and make certain personal welfare and care decisions (such as where you should live and with whom etc).  You can also impose restrictions on your nominated Attorney’s decision-making role.

The Decision Support Service (DSS) established earlier this year, governs and regulates the creation of Enduring Powers of Attorney, their implementation and also provides oversight of the role of the appointed Attorney(s).

There are a number of steps involved in creating the EPA: 

• You must firstly decide whom you are going to appoint as Attorneys.  You can appoint more than one person to the role.

• You must decide what powers the nominated Attorney(s) will have and what restrictions (if any) you wish to impose on them.

• Your Attorneys will have to confirm that they will take on this role if you become incapable of managing your affairs and also, that they will account and report to the DSS in their management of your affairs.

• You will have to attend your own Doctor, who must confirm that you have the required mental capacity to create the EPA.

• Your Solicitor will advise you and explain the effects of creating the EPA and must be satisfied that you understand the consequences for you in doing so.

• You must formally notify certain people that you have put in place an EPA.

• The EPA must be registered with the DSS within 3 months of signing.

Importantly, the EPA can only come into effect when you no longer have mental capacity to make your own decisions, which must be confirmed by a Doctor.  You and certain family members (or others) must be notified and there are provisions to make objections if necessary.

If you would like more information on creating an Enduring Power of Attorney, and you can call us on 065 6840060 or email enquiries@cashinclancy.ie to make an appointment.

This article does not constitute legal advice and where an opinion is expressed, it is the personal opinion of the author only and not of the firm or the paper.