An Enduring Power of Attorney (EPA) is a document that allows a person (the Donor) to appoint another person (an Attorney) to look after their affairs and make decisions on behalf of the Donor, if the Donor becomes permanently mentally incapacitated at some future date.
The EPA can entitle the Attorney to do almost everything that the Donor could do, or it may be limited to allow the Attorney to make personal care decisions on the Donor’s behalf, such as decisions relating to where the Donor will live or issues concerning a nursing home, the Fair Deal Scheme or financial matters.
The Donor can appoint anyone over the age of 18 as their Attorney such as a spouse, a civil partner, a child, friend or professional advisor. More than one person can be appointed as Attorney. The position of Attorney is very important and should be chosen carefully, as in effect they might have full legal authority over the Donor in the future.
To safeguard the Donor the following requirements are put in place before an EPA is deemed to be valid.
- A statement from a doctor confirming that the Donor has the mental capacity to enter the EPA.
- A statement from a solicitor confirming that the Donor has the mental capacity to enter the EPA.
- Two blood relatives must be notified of the making of the EPA.
To become effective the EPA has to be registered in the High Court and the following procedures have to be followed. The Attorney needs to:
- Inform the Donor in writing that the EPA is being registered.
- Write to the Notice Parties.
- Obtain confirmation from the Donor’s doctor that the Donor is now permanently mental incapacitated.
- Lodge the necessary paperwork in Wards of Court Office.
The High Court has a supervisory role concerning EPA’s and can cancel an EPA if:
- The Donor is mentally capable.
- The Attorney is unsuitable.
- Fraud or undue pressure was used to induce the Donor to create the EPA.
