What is an Enduring Power of Attorney?

Added: Wednesday, August 27, 2014

An Enduring Power of Attorney (EPA) is a document created by a person called “the Donor”. The EPA only takes effect on the incapacity of the Donor. The Donor appoints a person as their “Attorney” and the Donor stipulates in the EPA what powers they are giving to the Attorney in respect of their affairs. The Donor can give a general authority or limited power to their Attorney. Any decision made by the Attorney must be made in the best interests of the donor and there are a number of legal safeguards in place to protect the Donor in this regard.

The EPA only becomes effective when it is registered in the High Court. The EPA can only be registered in the High Court when it is proven that the Donor no longer has the requisite capacity to look after their person or their property. The Donor can revoke the EPA at any time before it is registered in the High Court.

An EPA can give people peace of mind knowing that they have made their own decision with respect to who will look after their affairs and how they wish to be cared for should they lose capacity. 

Contact John Nash Solicitors, Loughrea, Co.Galway to arrange a consultation if you would like more information with respect to creating an Enduring Power of Attorney.