Enduring Power of Attorney

Who will decide for you if you can’t decide for yourself?

We take for granted that we can make our own decisions about a range of issues that affect our lives. But we can lose capacity to make your own decisions. If you plan ahead, you can decide who can make certain decisions for you the way that you can do this is by making an Enduring Power of Attorney.

• What is an enduring power of attorney?

  An enduring power of attorney is a legal document which you can use to appoint a person to make decisions about your property and financial affairs if you lose mental capacity.

• Why an enduring power of attorney?

  By making an enduring power of attorney you are choosing who you want to manage your financial affairs if you lose the mental capacity to do this for yourself. If you do not have an enduring power of attorney and you lose mental capacity there may be no one with legal authority to manage your financial affairs.

• Can the attorney make any decisions apart from financial ones under an enduring power of attorney?

  The attorney can make decisions about your property and financial affairs. This means that they can operate your bank accounts, pay your bills, and sell or buy property (such as your house or shares) on your behalf. An enduring power of attorney cannot be used to make medical decisions for you.

• Who can make an enduring power of attorney?

  Anyone over the age of 18 years can make an enduring power of attorney if they have the mental capacity to understand the nature and effect of the power of attorney. It is a safeguard for anyone who would like to choose who can manage their financial affairs if they lose their mental capacity.

• Who should I appoint as my attorney?

  An attorney can have enormous power over your financial affairs so you should choose an attorney whom you trust and who will manage your finances in a responsible way. If your financial affairs are complicated you should appoint an attorney who has the skills to deal with complex financial arrangements. You may wish to appoint a family member or close friend as your attorney.

• When does an enduring power of attorney start?

  An enduring power of attorney only comes into operation if you lose your mental capacity and it is registered with the Registrar of Wards of Court.

• Can I revoke my enduring power of attorney?

  Before it is registered, you can revoke your enduring power of attorney at any time so long as you have mental capacity to understand what you are doing when you revoke.

If you would like further infomation on enduring powers of attorney, you can phone Bernadette Parte on 01 660 8353 to discuss the matter in complete confidence or complete our Contact Form.