An Enduring Power of Attorney allows you to plan for the future while you are in good health
What is Power of Attorney?
Power of attorney is a legal device in Ireland that can be set up by a person (the donor) during his/her life when he/she is in good mental health. It allows another specially appointed person (the attorney) to take actions on the donor's behalf if he/she is absent, abroad or incapacitated through illness. If someone in Ireland is mentally incapacitated (for example, because of illness, disability or a progressive degenerative illness), all of their assets and property are normally frozen and cannot be used by anyone else unless they are jointly owned or, someone has power of attorney to deal with their property or money.
The document is executed at any time when you have full mental capacity but does not come into effect until such time you lose mental capacity to make decisions at which point the appointed attorney(s) register the EPA with the Wards of Court.
The registration process involves filing a report showing that you lack mental capacity.
The EPA may give the attorney/s either specific powers or general authority to act on your behalf in relation to your financial and business affairs and your personal care decisions.
Because an enduring power of attorney involves the transfer of considerable powers from the donor to the attorney there are a number of legal safeguards to protect the donor from abuses.