An enduring power of attorney (“EPA”) is executed by someone when in good mental health (the “donor”)?to appoint another person (the “attorney”) to take actions on behalf of the donor if the donor?is incapacitated through illness and unable to take those decisions themselves. The types of decisions that can be taken by the attorney?include decisions relating to the management of the donor’s property and money, as well as certain personal care decisions, such as where the donor should live. The donor is entitled to impose restrictions on the manner by which those decisions can be taken and these should be discussed with their solicitor.
It is important to note that unless and until the attorney registers the EPA when a donor becomes mentally incapacitated, the attorney cannot act to take decisions under the EPA. The EPA will come to an end upon the death of the donor. The donor can also apply to revoke a registered EPA if they subsequently regain mental capacity to do so.
It is proposed that significant changes would be made to the current EPA regime?under the Assisted Decision-Making (Capacity) Act 2015 (the “ADMCA”). The relevant sections however of the ADMCA dealing with EPAs have yet to be commenced and there remains no certainty as to the timeline for when?those new arrangements will be enacted. EPAs remain consequently regulated by the the Powers of Attorney Act, 1996.
For more information on EPAs, please contact our office and one of our solicitors will be happy to discuss.