Power of Attorney (EPA) is a legal document
appoint a person or persons (attorney) to act on behalf of a person (donor) to manage their affairs in the event that they
lose mental capacity through illness or injury. The Attorney is usually a family member or
close friend or someone the donor trusts implicitly to step into their shoes
and mange their financial affairs and care decisions.
can only come into effect when it is
registered in the Wards of Court office. In order for it to be registered, the
attorney must make an application to the Ward of Courts Office with a
certificate from a medical practitioner
such as a GP or Consultant confirming that the donor no longer has mental
capacity to manage their affairs. The
attorney can not begin to act until a certificate of registration is issued to
provide practical, tailored advice when drafting an Enduring Power of Attorney,
Power of Attorney, or making a Ward of the Court application. We are meticulous in our drafting practices
and will ensure that your document accurately reflects your wishes and your EPA
is drafted to suit your circumstances.
What is the difference between a Power of Attorney and Enduring Power of Attorney?
confuse a Power of Attorney with an Enduring Power of Attorney. Creating a
Power of Attorney allows you to appoint someone to manage your affairs on your
behalf. You may require one because you
are leaving the country for a period, or you may be about to undergo lengthy
medical treatment and want someone else to look after day-to-day bills.
Power of Attorney only takes effect when a person becomes mentally
incapacitated and the document is registered with the Wards of Court Office.
living longer and healthier lives than ever before. Unfortunately, this means that age-related
diseases, particularly dementia, are rising.
In 2017 it was estimated that 55,000 people in Ireland were living with
dementia and this number is expected to more than double to 113,000 by 2036. Dementia results in loss of mental capacity
An EPA can come
into effect with mental capacity is lost through an acquired brain injury. Therefore,
having an EPA in place provides assurances that someone you know and trust will
manage your affairs if you are no longer able to do so. It will eliminate the
need for the Ward of Courts process and will assist family members in catering
for your needs should you lose capacity.
What is a Ward of the Court?
If a person
becomes unable to manage their affairs because of mental incapacity and they do
not have an Enduring Power of Attorney in place, an application can be made to
make them a Ward of the Court. A child
under 18 years old can also be made subject to Wardship, for specific reasons
such as being at serious risk.
To be made a Ward,
the Court must be satisfied that the person subject to the application is of
unsound mind. If a person is made a Ward,
a Committee (a person or persons assigned to look after the Ward) may be
How can Lavelle Partners assist?
Solicitors are careful listeners and will ensure we understand your wishes
fully when it comes to drafting your documents.
With our expert knowledge and experience in the area, we can offer
guidance and suggestions that will work for your particular circumstance.
can provide sensitive advice on applying for Wardship, as we are aware such a
step can come at a distressing time.
will provide valuable advice on selecting an Attorney and talk you through the
type of authority you wish to assign to them to allow you to feel fully
confident in the decisions you make and safeguard your personal wellbeing into
team will support you in your role of Attorney, advising on your duties,
responsibilities and functions for an situation you may be faced with as
For further information regarding Enduring
Powers of Attorney, Powers of Attorney and Ward of Court Applications in
Ireland, please contact Lavelle Partners in confidence on (01) 644 5800.