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 .
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 .
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.