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Enduring Power of Attorney

The Enduring Power of Attorney is an important document which appoints one to make personal and financial decisions on your behalf in the event that you lose your mental capacity.

The Enduring Power of Attorney can only take effect on the incapacity of the person making it (“the Donor”). An Enduring Power of Attorney can be general or specific, it also allows the Attorney to make personal care decisions on behalf of the Donor if he/she is no longer mentally capable of making decisions himself/herself.

Because the Enduring Power of Attorney involves the transfer of considerable powers from you (the Donor) to another person (the Attorney), there are a number of legal safeguards to protect you. The procedure for executing the Enduring Power of Attorney is complex and requires the involvement of a solicitor and a doctor. The Enduring Power can only come into effect when certain procedures have been followed. The courts have a general supervisory role in the implementation of the power.

Requirements of the Enduring Power of Attorney

The document creating the power must be in a particular format and must include the following:

  • A statement by a doctor verifying that in his/her opinion you had the mental capacity at the time that the document was executed to understand the effect of creating the power.
  • A statement from you that you understood the effect of creating the power.
  • A statement from a solicitor that he/she is satisfied that you understood the effect of creating the power of Attorney.
  • A statement from a solicitor that you were not acting under undue influence.

Witnessing 

At least 2 people must also be notified of the creation of an Enduring Power of Attorney, none of whom will be the Attorney. One of the notice parties must be your spouse or civil partner if living with you. If this does not apply, one of your notice parties must be your child. If neither is applicable, one of the notice parties must be any relative (that is a parent, sibling, grandchild, widow/widower/surviving civil partner of child, nephew or niece).

Limitations

An Enduring Power of Attorney may not be granted to the following people:

  • People under the age of 18
  • Bankrupts
  • People convicted of offences involving fraud or dishonesty
  • People disqualified under the Companies Acts
  • An individual or trust corporation who owns a nursing home in which you live or an employee or agent of the owner, unless that person is also your spouse, civil partner, child or sibling

Halpin and Company Solicitors are the best place to advise you on your requirements for an Enduring Power of Attorney.  We will guide you through the process giving you the best advice possible.

Contact us on 021 – 4251843 or by email at info@halpinsolicitors.ie


HALPIN & Co. Solicitors | Practical Experience, Trusted Advice – from Solicitors in Cork

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7 South Mall, Cork City

Tel: 021 425 1843

Email: info@halpinsolicitors.ie

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