Enduring Powers of Attorney: expert advice from Cashin Clancy Solicitors

Have you ever given thought to what would happen if you were no longer mentally capable of making decisions for yourself, for example if you developed dementia, or an acute brain injury?

Here, the team at Cashin Clancy Solicitors, Ennis, tell you all you need to know when setting up an Enduring Power of of Attorney.

An Enduring Power of Attorney is a legal document that sets out who you would like to manage your affairs should you reach a point in your life where you can no longer do so. It only comes into effect if you lose the ability to make such important decisions for yourself.

Creating an Enduring Power of Attorney is a straightforward legal process.

1. Nominate Attorneys – You can nominate one or more Attorneys to “step into your shoes”, usually close family members, to manage your affairs if needed.
2. Choose what decisions your Attorneys can make – You can authorise your Attorneys to manage your finances, pay your bills, maintain your house, to include selling it, if necessary and also to make personal care decisions on your behalf such as where you should live, whom you should see, etc.
3. Consult your Solicitor – Your Solicitor will prepare the legal documents necessary to create the Enduring Power of Attorney.
4. Meet with your Doctor – Your Doctor will have to sign a Medical Statement confirming you have the mental capacity to understand what you are doing.
5. Sign the Enduring Power of Attorney – You will have to sign the legal documents. Your nominated Attorneys will also have to sign documentation confirming they are accepting their roles, and notice is also given to certain family members.

If you become incapacitated in the future, your Attorneys must apply to the High Court to register the Enduring Power of Attorney to “step into your shoes”. They must also have confirmation from your Doctor that you are no longer mentally capable of managing your affairs. They must notify you and family members giving opportunity to object to the registration if you or they feel it is appropriate to do so. Importantly, the Enduring Power of Attorney can be revoked if you subsequently become capable of managing your affairs.

All too often, we leave it too late to put in place the proper structures to best protect us in the future. Creating an Enduring Power of Attorney when in good physical and mental health is a very wise move and will make life easier for you and your loved ones in the unfortunate event of becoming mentally incapacitated.

For further information visit our website  www.cashinclancy.ie/wills-and-epa/#epa or contact us on 065 6840060 or by email to enquiries@cashinclancy.ie and we will gladly guide you through the process.

This article does not constitute legal advice and where an opinion is expressed, it is the personal opinion of the author only and not of the firm or the paper.