Our Service - Enduring Power of Attorney

In Ireland, an Enduring Power of Attorney (EPA) is a legal document that allows a person (the donor) to appoint one or more individuals specially Solicitors  to make decisions on their behalf in the event that they become mentally incapacitated and unable to make decisions for themselves.

Key points about Enduring Power of Attorney in Ireland include:

1. Scope of Authority: An EPA can grant attorneys authority over the donor’s property and financial affairs, personal care decisions, or both.

2. Creation and Registration: The EPA must be created while the donor still has mental capacity. It involves completing a prescribed form and having it witnessed by a solicitor. The EPA must then be registered with the Office of the Wards of Court before it can be used.

3. Mental Capacity Requirement: It’s essential for the donor to have mental capacity at the time of creating the EPA. Once registered, an EPA remains valid even if the donor later loses mental capacity.

4. Attorney’s Duties: Attorneys appointed under an EPA have a fiduciary duty to act in the best interests of the donor. They must make decisions in line with the donor’s known wishes and preferences, or in their best interests if these are unknown.

5. Supervision by the Court: The Office of the Wards of Court oversees EPAs and can intervene if there are concerns about the attorney’s conduct or if disputes arise regarding the donor’s capacity or the attorney’s actions.

6. Revocation: The donor can revoke an EPA at any time while they still have mental capacity. After the donor’s death, the EPA ceases to have effect, and any further decisions are handled by the executor of the donor’s estate.

Purpose of EPA in Ireland

The purpose of an Enduring Power of Attorney (EPA) is to empower individuals to plan for potential future incapacity by appointing trusted individuals to make decisions on their behalf. Key purposes include:

1. Decision Making Authority: An EPA allows individuals to appoint attorneys who can manage their affairs if they become mentally incapacitated and unable to make decisions for themselves.

2. Protecting Interests: By appointing attorneys under an EPA, individuals can ensure that their financial affairs, property, and personal welfare are looked after by individuals they trust, even if they are unable to communicate their wishes.

3. Avoiding Court Intervention: Without an EPA in place, if someone loses mental capacity, their affairs may require court intervention through the appointment of a committee. An EPA can help avoid this by providing clear instructions for decision-making in advance.

4. Maintaining Control: By creating an EPA while they still have mental capacity, individuals retain control over who will make decisions on their behalf in the event of future incapacity, rather than leaving such decisions to be determined by others.

5. Facilitating Care: An EPA can facilitate the management of an individual’s affairs and ensure that their care needs are met in accordance with their preferences and best interests, as outlined in the document.

Learn about problems with enduring power or attorney