{"id":2053,"date":"2020-08-08T12:08:56","date_gmt":"2020-08-08T12:08:56","guid":{"rendered":"https:\/\/mulroyandcompany.ie\/?page_id=2053"},"modified":"2020-08-08T13:37:06","modified_gmt":"2020-08-08T13:37:06","slug":"power-of-attorney","status":"publish","type":"page","link":"https:\/\/mulroyandcompany.ie\/main\/power-of-attorney\/","title":{"rendered":"What is a Power of Attorney?"},"content":{"rendered":"
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Types of power of attorney<\/h3>\n

There are two types of power of attorney allowed under Irish law:<\/p>\n

A power of attorney is a legal document where you give another person (known as your Attorney) the power to make decisions and sign legal documents on your behalf.\u00a0 It can be limited to signing one document or<\/b> it can cover all of your property. You can cancel this power at any time.<\/p>\n

An Enduring Power of Attorney is a legal document that only takes effect when you lose\u00a0capacity.\u00a0 It must be registered with the High Court by your Attorney.\u00a0 Only then does the Attorney have the power to make decisions and sign legal documents on your behalf. Until then, it has no effect and you can cancel the Enduring Power of Attorney.\u00a0 Talk to your solicitor, who will guide you through the process.<\/p>\n

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\u00a0power of attorney\u00a0to deal with their property or money.<\/p>\n

In a larger sense, power of attorney is just one of the legal arrangements that you can make during your lifetime, in the event you become incapacitated or unable to deal with your affairs. Information to help guide you in recording and registering your preferences in the event of emergency, serious illness or death is available at\u00a0Thinkahead.ie<\/a>, where you can also download the\u00a0Think Ahead Form<\/a>.<\/p>\n<\/div>\n

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Power of attorney<\/h2>\n

A power of attorney can be specific (limited to a particular purpose, for example, sale of your house in your absence) or general (entitling the attorney to do almost everything that you yourself could do). For example, it may allow the attorney to take a wide range of actions on the donor’s behalf in relation to property, business, and financial affairs. He\/she may make payments from the specified accounts, make appropriate provision for any specified person’s needs, and make appropriate gifts to the donor’s relations or friends.<\/p>\n

You do not require a solicitor to create a general power of attorney. It can be created when signed either by you or at your direction and in the presence of a witness. However, it is advisable to get legal advice before you sign a form appointing someone else to manage your affairs. You can appoint anyone you wish to be your attorney.<\/p>\n<\/div>\n

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Enduring power of attorney<\/h2>\n

An enduring power of attorney (EPA) also allows the attorney to make “personal care decisions” on the donor’s behalf once he\/she is no longer fully mentally capable of taking decisions themself. Personal care decisions may include deciding where and with whom the donor will live, who he\/she should see or not see and what training or rehabilitation he\/she should get. However, if the donor wants, he\/she can specifically exclude any of these powers when setting up the power of attorney or can make the attorney’s powers subject to any reasonable conditions and restrictions.<\/p>\n

You can appoint anyone you wish to be your attorney, including a spouse, civil partner, family member, friend, colleague, etc. The procedure for creating an enduring power of attorney is much more complex than that for creating a general power of attorney.<\/p>\n

How to make an Enduring Power of Attorney<\/h2>\n

An Enduring Power of Attorney must be completed according to strict legal guidelines. It must be signed by you, then by your Attorney or Attorneys.\u00a0 Your doctor and solicitor must also sign a declaration to say that you have capacity to make an Enduring Power of Attorney.<\/p>\n

Start by talking to your solicitor. Your solicitor will be able to guide you through the process.<\/p>\n

Because the enduring power of attorney involves the transfer of considerable powers from you to another person, there are a number of legal safeguards to protect you from abuses. The procedure for executing the enduring power of attorney is complex and requires the involvement of a solicitor and a doctor. The enduring power can only come into effect when certain procedures have been gone through and the courts have a general supervisory role in the implementation of the power.<\/p>\n

The document creating the power must be in a particular format and must include the following:<\/p>\n