Enduring Power Of Attorney

Why make an Enduring Power of Attorney

An Enduring Power of Attorney only takes effect on the incapacity of the donor (the person who executes the Power of Attorney).    This is just one legal arrangement a person can make in the event they become incapacitated and they are unable to deal with their affairs.  It is important to stress that it is only when the person becomes incapacitated that the Enduring Power of  Attorney is registered.     The only person who can certify this is the donor’s doctor.

Your Solicitor and your doctor have to both certify that you are capable of signing and understanding such a document.      You can appoint a member of your family to make these decisions but your family member who you appoint can only make these decisions once you are incapable of making such decisions.

An EPA allows you to feel secure and know that you will be looked after should you not be in a position to look after yourself.

If you do not have such a provision in place the only other option then is to make that person a Ward of Court.

Why make a person a Ward of  Court

In circumstances where a person has not executed an Enduring Power of Attorney and they are incapable of managing their affairs a member of the family can apply to the High Court  to make that person a Ward of Court.     The High Court will then make all decisions for the Ward.    This is the only other option available should the person not have executed an Enduring Power of Attorney.

The procedure for registering and executing an Enduring Power of Attorney is very strict and a Solicitor must comply with S.I. No. 196/1996.