Enduring Power of Attorney

The facility for creating an Enduring Power of Attorney was introduced in 1996. It was an important social measure, the purpose of  the Enduring Power of Attorney was to allow persons put in place arrangements for managing their affairs in the event that they should become mentally disabled. Prior to the Enduring Power of Attorney, the only option for such persons was to be made Wards of Court, but now ones own family can be appointed to look after the affairs of the person who becomes mentally disabled. The document itself is quite complex, but we explain Enduring Power of Attorney it in detail and go through all the necessary steps required to complete the document and if necessary to register it.

Avoid having your parents made Wards of Court and allow their nominated family member look after their affairs if the need arises.

BASICS OF ENDURING POWERS OF ATTORNEY
Under the Enduring Power of Attorney Act 1996, one can appoint a person to act as your
Attorney as if they were you yourself if you lose mental capacity.
The Attorney must be someone that you trust as they will have full use of all your assets as if
they were you. Normally this would be a spouse or close next-of-kin. As part of the process
of creating the Power of Attorney, you must notify two people to be your Notice Parties and
again these people should be the closest next-of-kin unless there is some good reason not to do
so.
The Solicitor creating the Enduring Power of Attorney must certify that in their view the person
making the Enduring Power of Attorney has the mental capacity and understands the aspects
of same and then further, that person must have their Doctor certify mental capacity also.
In the unfortunate situation where a person making the Enduring Power of Attorney loses
mental capacity, then the Enduring Power of Attorney must be registered. Again the Notice
Parties have to be notified and a Doctor has to certify that the person has lost the ability to
manage their affairs.
The Enduring Power of Attorney is registered through the offices of the Wards of Court, who
check that everything is in order before completing the registration. When registration is
finalised, a Certificate of Registration is issued from the High Court Office and this gives the
Attorney full power to act.
The alternative to creating the Enduring Power of Attorney, is that one can be made a Ward of
Court when one loses mental capacity and this is a lengthy antiquated process and also quite
expensive and means in effect that the State through the Courts, manage that person’s affairs.

For further information call our office at 01-4540068

Author: John Gaynor
John Gaynor & Co.
Solicitors
42-46 Thomas Street
Dublin 8