An enduring power of attorney (EPA) enables you to choose a person (called an “Attorney”) to manage your property and affairs in the event of you becoming mentally incapable of doing so. It is very important for you to understand that an EPA only becomes effective if you were to become mentally incapable of looking after your own affairs and this is ultimately determined by a medical professional, not a family member.

If you give your attorney general power in relation to all your property and affairs, they will be able to deal with your money or property and may be able to sell your house. If you do not want your attorney to have such wide powers, you can include any restrictions you like. For example, you can include a restriction that your attorney may not sell your house.

You may authorise your attorney to take certain personal care decisions on your behalf e.g. deciding where you live. You can also name any person you would like the attorney to consult with about these personal care decisions.

Unless you put in a restriction preventing it, your attorney will be able to use any of your money or property to benefit themselves or other people by doing what you yourself might be expected to do to provide for their needs.

If you specifically authorise it, your attorney will also be able to use your money to make gifts, but only for reasonable amounts in relation to the value of your money and property, and subject to any conditions or restrictions you may impose.

You will need to give notice of the execution of the enduring power to at least two persons. None of them may be an attorney under the power.

If you have any questions about an enduring power of attorney contact Roisin at roisin@rocs.ie or call 061 502005 for more information. We are happy to help.

This article is general in nature and cannot be regarded as legal advice. It is general commentary only. You should not rely on the contents of this article without consulting one of our Solicitors. If you would like advice regarding how the law applies to your individual circumstances, then please contact Roisin O’Connell Solicitors.