What is the legal framework for an Enduring Power of Attorney in Ireland?
Since April 2023 the Assisted Decision-Making (Capacity) Act 2015 provides the framework for Enduring Powers of Attorney (EPAs) in Ireland. The Act replaced the Powers of Attorney Act 1996 for new EPAs. It introduced a new system centred on supporting decision-making capacity rather than substituting it.
What decisions can an Enduring Power of Attorney cover in Ireland?
An EPA under the 2015 Act can cover property and financial affairs (such as managing bank accounts, paying bills, and dealing with property), personal welfare decisions (such as healthcare decisions and where you live), or both. You choose the scope when creating the EPA and can include or exclude specific matters.
Who can be appointed as an attorney under an EPA in Ireland?
You can appoint any adult who is willing and able to act as your attorney. You can appoint more than one attorney and specify whether they act jointly (all must agree) or jointly and severally (each can act alone). Choose someone you trust completely as they will have significant authority over your affairs.
What capacity must the donor have when creating an EPA?
You must have legal capacity to make the EPA at the time of signing. This means you understand the nature and effect of the document, the scope of authority you are granting, and that the EPA will only take effect if your capacity later becomes impaired. A statement of capacity from a healthcare professional is required as part of the process.
What are the witness requirements for an EPA in Ireland?
The EPA instrument must be signed by the donor in the presence of two witnesses. One witness must be a registered medical practitioner or registered mental health professional who confirms capacity. The second witness must be a solicitor or barrister. Neither witness can be the attorney or a family member of the attorney.
How do I register an EPA with the Decision Support Service in Ireland?
The completed EPA instrument must be registered with the Decision Support Service (DSS) at decisionsupportservice.ie before it can be used. The DSS reviews the application, notifies specified persons, and registers the EPA if satisfied all requirements are met. Registration can take several weeks. The EPA is not legally effective until registered.
When does an Enduring Power of Attorney take effect in Ireland?
An EPA registered with the Decision Support Service takes effect when the donor lacks capacity to make the relevant decision. The attorney must have a reasonable belief that the donor lacks capacity before acting. The EPA does not transfer authority while the donor retains capacity, though the donor may choose to allow the attorney to act earlier in certain circumstances.
Can I revoke an Enduring Power of Attorney in Ireland?
You can revoke an EPA at any time while you have capacity to do so. Revocation must be done in writing and notified to the Decision Support Service and to the attorney. If you lose capacity you cannot revoke the EPA. It is important to review your EPA if your circumstances or your relationship with your attorney changes.
What is the difference between an old EPA under the 1996 Act and a new EPA under the 2015 Act?
EPAs created before April 2023 under the Powers of Attorney Act 1996 remain valid but cannot be amended. New EPAs must be created under the Assisted Decision-Making (Capacity) Act 2015. The new process requires registration with the Decision Support Service before use, whereas old EPAs were registered with the High Court when the donor lost capacity.
How does uplaw.ai help with setting up an EPA in Ireland?
Tell uplaw.ai who you want to appoint, what decisions you want them to be able to make, and any conditions you wish to include. uplaw.ai will help you prepare the EPA instrument, explain the witness and capacity statement requirements, and guide you through the Decision Support Service registration process.
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Setting up a POA in Ireland? Tell uplaw.ai what you need.
No account required. uplaw.ai prepares your EPA instrument and guides you through DSS registration.