Enduring Power of Attorney

An Enduring Power of Attorney (“EPOA”) is a legal document that allows you to appoint one or two people to act as your Attorney(s) in the event that you become mentally incapable of managing your own affairs at some point in the future. This document would give your Attorney the power to manage your affairs only if you wouldn’t have the capacity to do so yourself. It is important to note your Attorney has no power until the document is registered with the Wards of Court Office. The EPOA can include restrictions, for example, if you didn’t want your house to be sold. You must also nominate two people to be notified of your intention to create the EPOA.

“Between 1950 and 2012 life expectancy in Ireland grew by 15 years on average, from 66 to 81.”

An Enduring Power of Attorney is an extremely useful document to have, particularly in view of the fact that we are living longer. It is sadly the case that many families don’t think about their elderly relative’s mental capacity until it is too late. To create an EPOA, the person has to be of sound mind. Therefore if, for example, someone is already diagnosed with dementia, it is unfortunately too late for them to nominate a certain person to manage their financial affairs and personal care decisions.

To register an Enduring Power of Attorney

In order to register the EPOA in the Wards of Court Office, you would first be assessed by a medical practitioner who must certify you no longer have the necessary mental capacity to manage your affairs. Your appointed Attorney will then send a notification to you of their intention to register the EPOA. A notification is also given to the two people you notified initially about the creation of the EPOA, and you are each given 5 weeks to lodge an objection to the Wards of Court Office if you feel you are still capable of taking care of yourself.

What is the procedure?

Susan will need to meet with you and your proposed Attorney to execute the Enduring Power of Attorney, and you will also need to be seen by your GP who will need to sign a confirmation that at the time you create the EPOA, you have the capacity to do so. MakeMyWill Solicitors charge a fee of €150.00 for the Enduring Power of Attorney plus a mileage fee of €0.80 per kilometre from Wexford town. If you would like to discuss this in more detail, please call Susan on 086-8377559 or email her at susan@makemywill.ie

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