What is an enduring power of attorney and why should I make one?

There are two types of power of attorney

i. General 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. It can be limited to signing one document or it can cover all of your property. You can cancel this power at any time

ii. An Enduring Power of Attorney is a legal document that only takes effect when you lose the ability to make decisions. A person should think about making an Enduring Power of Attorney if they are worried about losing capacity or if they are suffering from an illness that could affect their capacity in the future

Everyone should think of making a Power of Attorney, it is a two step approach. It can only be relied upon by your Attorney, if and only when you lose capacity and this is certified by a doctor. It must be registered with the High Court by your Attorney. 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.

Choosing your Attorney – You are free to choose your Attorney. You may choose a spouse, partner, friend, family member, colleague or other person. You may choose more than one person to act as your Attorney. If you chose more than one person, you can direct them to act together or allow them act separately.

Notice parties – you are obliged to give notice to two persons that you have made a power of attorney, these must be first your close family.

How to make an Enduring Power of Attorney

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. Your doctor and solicitor must also sign a declaration to say that you have capacity to make an Enduring Power of Attorney.
Start by talking to any solicitor here in Donal T. Ryan Solicitors LLP. We will able to advice you on what you need to do and the complete the necessary documentation.

You can contact us at 062 61288 or 052 7441244 or at law@dtryan.ie