Enduring Power Of Attorney

What is an Enduring Power of Attorney?

A power of Attorney document that specifically intends to be effective during any subsequent incapacity that complies with the requirements of the legalisation. “Mental incapacity”, means incapacity by reason of a mental condition to manage and administer his or her own property and affairs.

Why is it made?

Often when a person is expecting to get a diagnosis of mental incapacity, they wish to put this in place to allow family member to have authority over their affairs. it is often helpful to have it in place to allow the Attorney to have authority to apply for the Fair Deal scheme if the person who needs the fair Deal Scheme has lost capacity.

An Enduring Power of Attorney allows a person to appoint one or more people to have authority over their affairs,during their lifetime, in the event that they lose capacity to manage their affairs. It only becomes effective once the EPOA is registered in the Wards of Court Office. The scope of the power can be limited to specific matter .

NOTICE PARTIES

Two notice parties must be set out in the EPOA. They will be notified when the EPOA is created and when the registration process begins. They have an opportunity to object to the registration at that stage. There are requirements about who the notice parties must be, depending on the civil status of the person creating the EPOA.

The Attorneys must be present with the person making the EPOA, at the time it is signed. The Notice Parties do not need to be present when the EPOA is being signed. An Attorney cannot be a Notice Party .

MEDICAL CERTIFICATE

The person making it must also attend a medical professional and get a form completed. This form will confirm that that the person has capacity to sign the EPOA. This will form part of the EPOA. The solicitor creating the EPOA will also sign a statement confirming the person understands the document that they are signing.

To discuss any aspect of our power of attorney service please contact us.

Notice To ClientsGerrard L. McGowan LLP Solicitors

Notification of Authorisation of Gerrard L. McGowan Solicitors to operate as an LLP (Limited Liability Partnership).

Under the Legal Services Regulation Act, 2015 (Limited Liability Partnerships) (Section 130) Regulations 2019 (S.I. 519 of 2019) as soon as practicable after we have been authorised to operate as an LLP we are obliged to provide the following information to our clients and creditors: –

(a) Gerrard L. McGowan Solicitors have been authorised to operate, and are now operating, as an LLP (hereinafter called “the LLP”);

(b) The LLP has been authorised with effect from 3rd May 2021;

(c) From 3rd May 2021, as set out in section 123 of the Act (subject to the exceptions listed therein), a partner in the LLP has no personal liability for any debts, liabilities or obligations which are incurred for the purpose of carrying on the business of the LLP (whether these are liabilities of the LLP, of himself or herself, of another partner or partners in the LLP or of any employee, agent or representative of the LLP) and however such liability may arise;

(d) That (c) above relates only to the personal liability of partners and does not prevent or restrict the enforcement against the property of the LLP of any debt, liability or obligation; and

(e) that from 3rd May 2021 the Partnership Act 1890 applies to the LLP to the extent that it is not inconsistent with Chapter 3 of Part 8 of the Legal Services Regulation Act 2015.

Dated: 3rd May 2021