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Power of Attorney

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Frequently Asked Questions
Is this Power of Attorney customised for Ireland?Yes. Our General Power of Attorney and Enduring Power of Attorney have been created in the form and contain the content required by Irish legislation.

The relevant legislation is the Powers of Attorney Act, 1996 and the Enduring Powers of Attorney Regulations, 1996 (SI No. 196/1996) as amended by SI No. 287/1996.What is a Power of Attorney?A power of attorney is a document in which one person (the donor) appoints another person (the attorney) to act for him or her. There are many reasons why you might want to appoint someone else to look after your financial affairs.

For example, if you are going to be out of the country for a lengthy period of time, you might want someone to do your banking while you are gone. If you are approaching old age, you may want to give a power of attorney to a person you trust so that he or she can manage your property for you. What is the difference between a General Power of Attorney and an Enduring Power of Attorney?A General power of attorney is only valid as long as the donor is capable of acting for him or herself. A general power of attorney will end automatically when the principal becomes mentally incapacitated or dies.

An Enduring power of attorney is intended to remain in force in the event that the donor later becomes mentally incompetent. Of course, the donor must be competent at the time the enduring power of attorney is made. An enduring power of attorney ends automatically when the principal dies, or may be revoked at any time by notifying your attorney in writing that the power is revoked (You should destroy the original power of attorney).What is meant by "incapacitated"?A person may be considered "incapacitated" if the person is unable to understand information relevant to making a decision about the management of their property, or if the person cannot appreciate the foreseeable consequences of making (or not making) a decision about the management of their property.


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Instrument creating Enduring Power of Attorney


Prescribed Form

PART A:

EXPLANATORY INFORMATION

[Note: 1. This Part may not be omitted from the instrument

    2. If the enduring power is to relate only to personal care decisions, the form in the Second
        Schedule should be used]

Notice to donor and attorneys

1. Following is a simplified explanation of what the Powers of Attorney Act, 1996, provides. If you need any more guidance you or your advisers will need to look at the Act itself.

2. Do not sign this enduring power unless you understand what it means. If you are in any doubt you should obtain legal advice.

Effect of creating enduring power: information for donor

3. An enduring power of attorney enables you to choose a person (called an "attorney") to manage your property and affairs in the event of your becoming mentally incapable of doing so. You may choose one attorney or more than one. If you choose more than one, you must decide whether they are to be able to act:

jointly (that is, they must all act together and cannot act separately), or

jointly and severally (that is, they can all act together but they can also act separately if they wish)

In Part B of this document, at the place marked [1], show what you have decided by crossing out or omitting one of the alternatives. If you do not, the attorneys are deemed to have been appointed to act jointly.

4. If you give your attorney(s) general power in relation to all your property and affairs, they will be able to deal with your money or property and may be able to sell your house.

5. If you do not want your attorney(s) to have such wide powers, you can include any restrictions you like. For example, you can include a restriction that your attorney(s) may not sell your house. Any restrictions you choose must be written or typed at the place marked [2] in Part B of this document.

6. You may authorise the attorney(s) to take certain personal care decisions on your behalf, e.g. deciding where you shall live. If you decide to do so, you should indicate, at the place marked [3] in Part B of this document, the particular personal care decisions you want to authorise. You should also name any person you would like the attorney to consult so that the attorney can have regard to that person's views as to your wishes and feelings and as to what would be in your best interests.

7. Unless you put in a restriction preventing it, your attorney(s) will be able to use any of your money or property to benefit themselves or other people by doing what you yourself might be expected to do to provide for their needs.

8. If you specifically authorise it, your attorney(s) will also be able to use your money to make gifts, but only for reasonable amounts in relation to the value of your money and property and subject to any conditions or restrictions you may impose.

9. You may also appoint an attorney or attorneys to act in the event that the original attorney is unable or unwilling to act. Provision for such an appointment is made at the place marked [4] in Part B of this document.

10. You must give notice of the execution of the enduring power as soon as practicable to at least two persons. None of them may be an attorney under the power. At least one must be the donor's spouse, if living with the donor. If the donor is unmarried, widowed or separated, notification must be given to a child of the donor (if applicable) or otherwise to any relative (i.e. parent, sibling, grandchild, widow/er of child, nephew or niece). You should give the names and addresses of those notified at the place marked [5] in Part B of this document. The prescribed form of notice is contained in the Third Schedule to the Enduring Powers of Attorney Regulations, 1996.

11. Your attorney(s) can recover the out-of-pocket expenses of acting as your attorney(s). You may provide for the attorney's remuneration as well at the place marked [6] in Part B of this document.

12. If your attorney(s) have reason in the future to believe that you have become or are becoming mentally incapable of managing your affairs, your attorney(s) must apply to have the enduring power registered in the High Court. Once registered, an enduring power of attorney cannot be revoked effectively unless the Court confirms the revocation. You may revoke the power at any time before registration.

13. Before applying for registration of this power, your attorney(s) must give written notice of intention to do so to you and to the persons you notify of the execution of the enduring power. You and these persons (if they are not then available, certain of your relatives) will be able to object if you or they disagree with registration. The prescribed form of notice is contained in the Fourth Schedule to the Enduring Powers of Attorney Regulations, 1996.

Effect of accepting enduring power: information for attorney

14. If you have reason in the future to believe that the donor is, or is becoming, mentally incapable of managing his or her property and affairs, you must apply to have the enduring power registered in the High Court. Before doing so you must give written notice of your intention to the Registrar of Wards of Court and also to the donor and the persons whom the donor has notified of the execution of the enduring power. (If these persons are no longer available, notice must be given to certain relatives, as specified in the Powers of Attorney Act, 1996.) The prescribed form of the latter notice is contained in the Fourth Schedule to the Enduring Powers of Attorney Regulations, 1996.

15. The enduring power will not come into force until it has been registered. However, once you have applied for registration you may take action under the power to maintain the donor and prevent loss to the donor's estate and maintain yourself and other persons in so far as that is permitted under section 6 (4) of the Act. You may also make any personal care decisions permitted under the power that cannot reasonably be deferred until the application for registration has been determined.

16. Unless there is a restriction in the enduring power preventing it, you may use the donor's money or other property for your benefit or that of other people to the following extent but no further, that is to say, by doing what the donor might be expected to do to provide for your or their needs. You may not use the donor's money to make gifts unless there is specific provision to that effect in the enduring power and then only to persons related to or connected with the donor on birth or marriage anniversaries or to charities to which the donor made or might be expected to make gifts. The amounts of any such gifts are subject to any restrictions in the enduring power and, in any event, may be only for reasonable amounts in relation to the extent of the donor's assets.

17. You are obliged to keep adequate accounts of the donor's property and affairs and to produce the accounting records to the Court if required.

18. In general, as an attorney you are in a fiduciary relationship with the donor. You must use proper care in exercising on behalf of the donor the authority given by the enduring power and you must act only within its scope. In particular, you must observe any conditions or restrictions imposed by the power and also the limits imposed by the Powers of Attorney Act, 1996.

19. You may recover the out-of-pocket expenses of acting as attorney. The enduring power may provide for remuneration for so acting.

20. You may disclaim at any time up to registration of the power. Thereafter you may do so only on notice to the donor and with the consent of the High Court.

21. After the enduring power has been registered you should notify the Registrar of Wards of Court if the donor dies or recovers.

PART B  [TO BE COMPLETED BY THE "DONOR" (THE PERSON APPOINTING THE ATTORNEY)]

Do not sign this form unless you understand what it means. If you are in any doubt you should obtain legal advice.

Donor's name and address

  

I, ____________________

of ____________________, _______________, County , Ireland

Donor's date of birth

 

born on 21 November 2024

Name and address of attorney

 

appoint __________________, of ____________________, ____________________, County , Ireland

to act as attorney for the purpose of Part II of the  Powers of Attorney Act, 1996

*with general authority to act on my behalf in relation to all my property and affairs

*to use my money to make gifts of reasonable amounts to persons related or connected to me on their birth or marriage anniversaries and to charities which I have previously made gifts to or might be expected to make gifts to

*and with authority to take on my behalf decisions on the following matters:

*where I should live

*with whom I should live

*whom I should see and not see

*what training or rehabilitation I should get

*my diet and dress

*inspection of my personal papers

*housing, social services and other benefits for me.
                             

The two persons to be notified may not include an attorney under the power. One must be a person selected as mentioned in note 10 of Part A of this document.

 

I am required to give notice of the execution of this power to at least two persons. I shall notify the following persons accordingly:

___________________________________
of _________________________________
___________________________________

___________________________________
of _________________________________ ___________________________________

I intend this power to be effective during any subsequent mental incapacity of mine.

I have read or have had read to me the information in paragraphs 1 to 13 of Part A of this document.

Your signature

Date

Signature of Witness

Your attorney cannot be your witness. If you are married it is not advisable for your husband or wife to be your witness.

 

Signed by me _________________________

on _____, _____________, 20____

In the presence of ___________________

Full name of witness ________________

Address of witness __________________
__________________________________
__________________________________
__________________________________

PART C [TO BE COMPLETED BY THE ATTORNEY [This form may be adapted to provide for sealing by a trust corporation with its common seal.] Do not sign this form unless you understand what it means. If you are in any doubt you should obtain legal advice. Do not sign the form before the donor has signed Part B.

   

I understand my duties and obligations as attorney, including my duty to apply to the High Court for the registration of this instrument under the Powers of Attorney Act, 1996, when the donor is, or is becoming, mentally incapable, my limited power to use the donor's property to benefit persons other than the donor and my obligation to keep adequate accounts in relation to the management and disposal of the donor's property for production to the High Court if required. I have read or have had read to me the information in paragraphs 1, 2 and 14 to 21 of Part A of this document.

Individuals disqualified from acting as attorney are bankrupts, persons convicted of certain offences or disqualified under the Companies Acts or owning or connected with the management or operation of a nursing home in which the donor resides.

 

I am not a minor or otherwise disqualified from acting as attorney.

Signature of Attorney

Date

Signature of Witness

Each attorney must sign the form and each signature must be witnessed. The donor may not be the witness and one attorney may not witness the signature of another

 

__________________________________

on _______________________________

In the presence of ___________________

Full name of witness ________________

Address of witness __________________
__________________________________
__________________________________
__________________________________

PART D: Statement by Solicitor

   

I, _________________________________, Solicitor, of _________________________ hereby state that after interviewing the donor [and making any necessary enquiries]* I am satisfied that _________________________ (the donor) understood the effect of creating the enduring power and I have no reason to believe that this document is being executed by the donor as a result of fraud or undue pressure.

Signed _____________________________

Date _______________________________

Note: This Part may not be omitted from the instrument.

PART E: Statement by Registered Medical Practitioner

*Name of donor

 

I, _________________________________,
a registered medical practitioner, of __________________________________  hereby state that in my opinion at the time this document was executed by the donor _________________________ had the capacity, with the assistance of such explanations as may have been given to the donor, to understand the effect of creating the power.

Signed _____________________________

Date _______________________________

Note: This Part may not be omitted from the instrument.

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Last Updated March 28, 2024

Power of Attorney Information

What is a Power of Attorney?

A Power of Attorney, also known as a POA, is a legal document that allows you to assign and authorise someone to act and make decisions on your behalf. Depending on the type of POA, the authorised person can make financial, business, and personal decisions for you.

Having a POA can be helpful when you need to be present for an important decision or action, but are unavailable (possibly due to travelling) or incapacitated (meaning you can’t manage your own affairs due to mental or physical complications).

Who is involved in a Power of Attorney?

If you create a Power of Attorney form, you are the donor. The trusted person you appoint to be your representative is known as the attorney.

Often, donors choose a family member, trusted friend, or business partner to act as their attorney. You must be mentally competent when you create a Power of Attorney in order for it to be valid.

What is a general Power of Attorney?

A general Power of Attorney gives your representative the ability to act for you in all matters and becomes effective once you and your witness sign it. If you become incapacitated or pass away, the document is no longer effective.

With a general POA, your attorney can access your bank accounts to pay your bills, make decisions to ensure your needs are met, sell property on your behalf, file your taxes, and much more.

If you cannot manage your property and finances for various reasons, such as frequent out-out-country travel, a general Power of Attorney can be very helpful. Completing a general POA allows your attorney to sign documents, make decisions, and manage your banking for you.

What is an enduring Power of Attorney?

An enduring Power of Attorney only becomes effective if you are incapacitated and is no longer effective if you pass away. An enduring POA gives you the option to grant your attorney the power to make decisions regarding your property, finances, and personal care.

Granting your attorney the power to make your personal care decisions means they can control the following:

  • Where you should live
  • With whom you should live
  • Whom you should see and not see
  • What training or rehabilitation you should receive
  • Your diet and dress
  • Inspection of your personal papers
  • Housing, social welfare, and other benefits for you

Is an enduring Power of Attorney valid after death?

No, a Power of Attorney (whether it be general or enduring) becomes invalid once you pass away. Your Last Will then comes into effect so your appointed executor can distribute your assets and finances to your beneficiaries.

Why should I create a Power of Attorney?

A Power of Attorney is essential to protect your assets and loved ones. If you can’t manage your own affairs due to incapacitation and don’t have a valid enduring Power of Attorney, your family is not automatically granted the ability to make decisions on your behalf. In Ireland, the court can assign someone to act on your behalf if you haven’t chosen someone in advance, leaving you out of the decision.

How do I obtain a Power of Attorney in Ireland?

With LawDepot’s Power of Attorney template, you can create your own POA form. Our general and enduring Power of Attorney templates are customised for Ireland and contain the content required by Irish legislation.

Can my attorney make health care decisions?

Your attorney can make limited personal care decisions on your behalf if you create an enduring Power of Attorney that gives specific authority over personal care. However, your attorney cannot make major health care decisions if you are incapacitated.

With a Living Will (also known as an Advance Healthcare Directive), you can authorise a designated health care representative to make major health care decisions on your behalf. You can grant your representative complete or limited authority, including the power to consent to or refuse life-sustaining treatment on your behalf.

Who should I appoint as my attorney?

Choose someone you trust, such as a family member or friend, as they will have the power to make decisions that directly affect you. Appoint someone capable and available to handle the powers that you grant to them. You may also choose a trust corporation to act as your attorney.

There are some limitations as to who you can appoint as your attorney. You may not appoint the following people:

  • People under the age of 18
  • People who are bankrupt
  • People convicted of offences involving fraud or dishonesty
  • People disqualified under the Companies Acts

Also, you cannot appoint an individual or trust corporation who owns a nursing home in which you live or an employee or agent of the owner, unless that person is also your spouse, civil partner, child, or sibling.

What are my attorney’s duties?

Your representative’s duties will depend largely on your life, health, and assets. These duties include:

  • Making decisions and acting in your best interest
  • Keeping organised records of the transactions they complete for you
  • Preventing situations where there is a conflict of interest
  • Keeping your finances separate from their own

If you create a general Power of Attorney, your attorney will have responsibilities that begin once you sign the document. If you create an enduring Power of Attorney and never become incapacitated, your attorney may never have to fulfil any duties.

Can a Power of Attorney be revoked?

A general Power of Attorney lasts until you revoke it, die, or lose capacity. You can revoke it at any time by notifying your attorney (in writing) that their authority is revoked.

You can revoke an enduring Power of Attorney before you apply to register it with the government. Once the government has registered your enduring Power of Attorney, you cannot easily revoke it, even if you are mentally competent. To cancel it, you have to make a request to the relevant court and wait for its approval.

Can I have more than one Power of Attorney?

You can create multiple enduring Powers of Attorney. For some people, it makes sense to appoint one attorney to oversee their business dealings and another to oversee their personal finances. If you create multiple documents, be sure that the terms and granted powers of each POA don’t contradict one another.

Is a Power of Attorney the same as having an executor for your Will?

No, your executor’s capabilities are very different from your attorney’s.

The executor for your Last Will is responsible for dispersing your assets according to your wishes and closing your estate after you pass away. Conversely, your attorney can make decisions for you while you are alive but unable to manage your affairs.

A Power of Attorney offers protection during your life while a Last Will protects your loved ones after you pass away.

Is an attorney liable for the donor’s debts?

No, an attorney acts for the donor but isn’t liable for the donor’s debts.

Do I need a solicitor to get a Power of Attorney?

To create a general Power of Attorney, you do not need a solicitor. You can easily create your document using LawDepot’s Power of Attorney template. The document becomes enforceable once it’s properly signed and witnessed.

You can create an enduring Power of Attorney without legal help, but afterwards, you need a statement from a solicitor stating that you understood the effect of creating the POA and that you weren’t coerced or acting under undue influence.

Also, an enduring Power of Attorney only becomes valid and enforceable if it has been registered with the Registrar of Wards of Court. A solicitor can be helpful when registering your document.

Consult a legal professional if you have any questions regarding Power of Attorney documents in Ireland.

Related Documents:

  • Last Will and Testament: Use this document to appoint an executor and indicate how to disperse your estate after you pass away.
  • Living Will: Use this document to ensure that your medical wishes are carried out when you can no longer act for yourself.
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