Enduring Power of Attorney

An Enduring Power of Attorney (EPA) is created when a Donor who has full mental capacity gives power to a person(s) (usually family members) that they trust to carry out their wishes in the event they lose mental capacity. The document requires that two notice parties be named and at least one of the notice parties must be a family member, and husband if married. The said notice parties must be informed in writing that such a power has been created.

The said document includes a certificate which must be signed by the Donor’s doctor stating that the Donor has sufficient mental capacity at the time of execution and that the document is not executed as a result of Duress or Undue Influence. This certificate may only be signed after the Donor has attended the Doctor in person.

The document also includes a certificate which must be signed by a Solicitor to certify that said Solicitor is satisfied that the Donor understands the effect of creating this Enduring Power of Attorney.  Further the Solicitor must be satisfied that the Donor is not acting under Duress or Undue Influence prior to executing this document.

Once created, the aforementioned Enduring Power of Attorney may not ever require registration as it is possible the Donor may not lose mental capacity in their lifetime. Should, however, the Donor lose mental capacity and become unable to manage their affairs then the Enduring Power of Attorney document can now be registered in the High Court. The loss of mental capacity is determined by a Consultant Geriatrician.

The registration procedure is an entirely separate application whereby the Attorney(s) commence the process of having the document registered in the High Court. A solicitor can provide assistance with this to make the application as easy as possible. Once the formalities have been complied with, a hearing date is assigned before the President of the High Court and the President may order that an Enduring Power of Attorney Certificate be issued.

Should you have any queries in relation to any of the above please feel free to contact us on 01 8422919   or email us at info@lmc-law.ie.

Please feel free to download the explanatory note in relation to Enduring Power of Attorney attached here.