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Enduring Power of Attorney

An Enduring Power of Attorney is a legal document wherein a person appoint another person (known as an “Attorney”) to act on their behalf in relation to their affairs should they ever become mentally incapacitated, for example, by dementia or brain injury.

Creating an Enduring Power of Attorney allows you to organise you affairs in advance of and in spite of mental incapacity. You can decide on the extent of the powers of your nominated Attorney, to include whether he/she should have power to make "personal care decisions" on your behalf, and or manage your property and finances on your behalf.

The legal process in preparing and executing an Enduring Power of Attorney involves your Solicitor, Doctor and your appointed Attorney, who must all sign the legal document. Your closest family must also be informed of the existence of the document.

You can appoint whomever you wish to be your Attorney and can also appoint more than one, provided they are 18 years or over, not declared bankrupt, have not been convicted for fraud or dishonesty and are not disqualified from acting as Directors under Company Legislation.

The Enduring Power of Attorney does not come into effect until such time (if ever) that you become mentally incapable of managing your affairs. Any such mental incapacity must be certified by your Doctor. At that stage the legal document can be registered with the Office of the Wards of Court and your appointed Attorney(s) can then act on you behalf in accordance with the powers you have granted him/her in the legal document.

A registered Enduring Power of Attorney can, in certain circumstances, be revoked by the High Court, for example, if

  • there was fraud or undue pressure put on the person to create it
  • the appointed Attorney is unsuitable
  • the person is or becomes mentally capable of managing their own affairs.

Cashin & Associates Solicitors,
3 Francis Street, Ennis, Co. Clare, Ireland
Dublin Office: 64 Francis Street, Dublin 8
T: 00 353 65 6840060  F: 00 353 65 6840034
E: info@cashinlaw.com