'The authority to act for another person in specified or all legal or financial matters'
There are two types of power of attorney allowed under Irish Law:
- The first is a Power of Attorney which gives either a specific or a general power and ceases as soon as the Donor of the Power of Attorney becomes mentally incapacitated.
This Power of Attorney can be specific and limited to a particular purpose, for example the sale of a house in your absence, or general which would entitle the attorney to do almost everything that you could do yourself. As an example, it might allow the Attorney to take a wide range of actions on the donor’s behalf in relation to property, business, and financial affairs. He or she may make payments from the specified accounts, make an appropriate provision for any specified person’s needs, and make appropriate gifts to the donor’s relations or friends. This type of Power of Attorney can be created when signed by the donor either personally or at the donor’s direction and in the presence of a witness.
- The second type is an Enduring Power of Attorney (EPA) which takes effect on the incapacity of the donor.
An enduring power of attorney (EPA) will also allow the attorney to make "personal care decisions" on the donor's behalf once he or she is no longer fully mentally capable of taking these decisions. These personal care decisions may include deciding where and with whom the donor will live, who they should see or not see and what training or rehabilitation they should get. However, should the donor so wish, he or she can specifically exclude any of these powers when setting up the power of attorney or can make the attorney's powers subject to reasonable conditions and restrictions.
You can choose to appoint anyone you wish to be your attorney, including a spouse, civil partner, family member, friend or colleague. The procedure for creating an enduring power of attorney is far more complex than that for creating a general power of attorney.
Nelson & Co Solicitors have been serving the community since 1982 and are well positioned to advise on all areas of Power of Attorney.