Enduring Power of Attorney

An Enduring Power of Attorney enables you to choose a person (called “an Attorney”) to manage your financial affairs and property, and/or to take personal care decisions on your behalf, in the event of you becoming mentally incapable of doing so. You may choose one Attorney or more than one. 


Who should enter into an Enduring Power of Attorney? 

With dementia, Alzheimer’s Disease and other neurological conditions becoming more commonplace, everybody who is of retirement age should at least consider the creation of an Enduring Power of Attorney and we would advise nobody should turn 70 without having an Enduring Power of Attorney in place. You cannot leave it too late. You cannot enter into an Enduring Power of Attorney if you are not mentally fit to do so.


We would advise that it is compulsory for all single people or widowed to put an Enduring Power of Attorney in place when they have reached retirement age.

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Do you need assistance with appointing an Enduring Power of Attorney? Contact us now to discuss your requirements.

If you are entering into an Enduring Power of Attorney, you must give notice of the execution of the Enduring Power to at least 2 persons. At the time of you entering into an Enduring Power of Attorney, both your General Practitioner and your Solicitor are required to sign a certificate that they are both satisfied that you are mentally fit at the time of the signing of the Enduring Power of Attorney and that they are satisfied that you know what you are doing.

The Enduring Power of Attorney document when completed is kept in your Solicitor’s office and hopefully that envelope will never be opened. However if your Attorney(s) has reason at a future date to believe that you are becoming mentally incapable of managing your affairs, you would be assessed by your medical practitioner and if you are deemed mentally incapable of managing your affairs at that stage, your Attorney(s) must apply to have the Enduring Power of Attorney registered in the High Court. However there is a safeguard in that the Notice Parties nominated by you in the Enduring Power of Attorney must be notified and you and these persons will have a 5 week period in which to object if you or they disagree with registration of the Enduring Power of Attorney in the High Court. The Enduring Power of Attorney only takes effect legally when it actually has been registered in the High Court.

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