News & Updates

Enduring Power of Attorney

Date Posted: 21.11.2015

 ENDURING POWER OF ATTORNEY

There are two types of power of attorney, the general power of attorney which ceases when the donor becomes incapacitated and the Enduring Power of Attorney which takes affect on the incapacity of the donor.

An Enduring Power of Attorney is created to take affect when the person giving the power (the Donor) loses capacity to manage their own affairs and this is most often when someone has lost capacity due to an advancing degenerative illness such as Alzheimer’s disease or dementia.


How is it created?

The EPA is a complex legal document and great care has to be exercised in its creation. The document must include the following;


• A statement from a doctor verifying that the donor had the mental capacity at the time that the document was executed and understands the effect of creating the power

• A statement from the person that they understand the effect of creating the power

• A statement from a solicitor that he or she is satisfied that the person understands the effect and that the person is not acting under undue influence

In addition to appointing Attorneys the donor must formally notify two Notice Parties, usually family members and the spouse if he or she is still living.


When does the EPA come in to force?


The document has no affect until the donor loses the capacity to manage his or her affairs and this has been certified by the doctor. The family members are again served Notice of the intention of the Attorney to register the EPA and five weeks following notification the EPA is registered in the High Court. From that moment the Attorney has the power to deal with the assets of the donor and make personal care decisions on behalf of the donor to include


• Where the Donor should live
• Who you should see
• What training and rehabilitation you should get
• Your diet and dress
• Housing and benefits


The Attorney does not have outright power to decide what healthcare you should have or to decide if you need surgery and these decisions are in practice decided between Doctors, the Attorney, family members and the consent of the High Court who has a supervisory role in the matter.

The Legal Costs

An enduring power of attorney is a complex legal document and great care and attention must be exercised in it’s creation and subsequent registration. The legal fees charged depend on such matters as the number of Attorneys, the particular wishes of the donor and other relevant matters. For a quotation please contact John L. Mulvey & Co., Solicitors.

 

 

 

 


John L. Mulvey & Co
Solicitors
Main Street
Tallaght
Dublin 24

01-4515055
info@jlms.ie
www.johnlmulveysolicitors.ie


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