Having an enduring power of attorney, an EPA, in place is vital in case you lose your ability to make clear decisions about your welfare and management of your finances.

If you are the holder of an enduring power of attorney for a parent or other loved one, you are in a very responsible position regarding their care and future decision-making.

If you do not have an Enduring Power of Attorney in place, you should consider making one before it is too late.

Valerie Kearins Solicitors can help draw up an Enduring Power of Attorney and provide the necessary advice to all involved.

What is an Enduring Power of Attorney?

An Enduring Power of Attorney is the legal right you give to a loved one, usually a spouse or an adult child, to take care of all legal issues when you are not capable of making decisions.

An Enduring Power of Attorney is when you, the donor, realise that you could lose your mental capacity and appoint a loved one, known as the attorney, to be the decision-maker for your affairs.

Every Enduring Power of Attorney gives your loved one powers to decide on:

  • Selling, mortgaging or gifting any property you own
  • Buying property for you
  • Carry on a legal profession or trading facility on your behalf
  • Pay all debts due by you
  • Pay all taxes due by you
  • Apply for your social welfare entitlements
  • Execute contracts on your behalf
  • Make decisions on where you should live
  • What activities you are involved in
  • If you should work and where
  • Healthcare
  • Taking part in education or further training

There are many decisions to be made involving your well-being and how you live your life today and in the future. If someone else is making decisions on your behalf, then you should ensure you can trust them to do so with your best interests at heart.

An Enduring Power of Attorney is a legal framework to plan care for the rest of your life.

Contact Valerie Kearins Solicitors Today

At Valerie Kearins Solicitors – we specialise in many different aspects of the law to provide our clients with the best professional support and advice.

When you should consider an enduring power of attorney

You should consider an Enduring Power of Attorney when you begin to show signs of ageing or if you have a medical diagnosis of a degenerative brain disease.

Drawing up an Enduring Power of Attorney does not mean you are handing over all decision-making immediately. You are drawing up the legal document for a time in the future when you will not be able to make decisions that are in your best interests.

Clients of Valerie Kearins Solicitors draw up an Enduring Power of Attorney when:

  • They begin to age, and looking after themselves becomes difficult
  • If their doctor or neurologist recommends it
  • If their solicitor or legal advisor recommends it
  • If they begin to feel insecure in their decision-making
  • If a loved one recommends it from being with you

You should never feel pressured to draw up a legal enduring power of attorney, which is why it is always a good idea to consider one before it is too late.

Common situations where an EPA is needed in Ireland

There are many situations where an Enduring Power of Attorney is needed by people in Ireland. Most situations can be identified in advance, but being prepared is still better if possible.

An EPA may be necessary in Ireland when:

  • A loved one is incapacitated from birth
  • A loved one is incapacitated as a result of an accident
  • You are showing signs of compromised decision-making
  • A loved one has a degenerative condition such as Parkinson’s disease
  • You feel unable to make decisions in your favour

Sitting down with a solicitor in advance can help you identify the need for an Enduring Power of Attorney and ensure that the right person is named as the attorney for you.

At Valerie Kearins Solicitors, we often have elderly people who need help with decision-making, and we find that drawing up an Enduring Power of Attorney can be a source of peace of mind for them.

The step-by-step process to create an Enduring Power of Attorney in Ireland

You should contact a solicitor you know and trust, ideally one you have worked with for many years, when deciding on how, when and why to draw up an enduring power of attorney.

After all, you are making a decision on your decision-making for future years.

The steps involved are:

  • Choosing your attorney
  • Drafting the EPA document
  • Signing and certification of the EPA
  • Registration with the Decision Support Service

Choosing your attorney

Probably the most important part of the process, and if you get this part wrong, it can have many impacts on your life.

You choose someone you can trust, such as a spouse, an adult child or a close loved one.

You also make sure they want to be your attorney, and they understand what you want from your life.

Drafting the EPA document

Drafting the Enduring Power of Attorney document is usually done with your solicitor.

The EPA document must include:

  • Your statement that you understand what is involved
  • A doctor’s statement that they believe you have the capacity at the time
  • A statement from your solicitor that you fully understand the implications
  • A statement from your solicitor that you are not being pressured
  • A statement from the attorney that they accept and fully understand

Your solicitor will more than likely have gone through the process many times before and can advise on what the EPA should include for your well-being.

Signing and certification of the EPA

The next step is signing and certifying the EPA document. Again, your solicitor will help at all times with this part of the process.

The solicitor is obliged to ensure you are not being forced into signing the document.

Registration with the Decision Support Service

When all the paperwork is signed and completed, all that remains is to register the Enduring Power of Attorney with the Decision Support Service.

Registration must be completed within three months of the EPA being signed, and the solicitor is usually responsible for this step.

What happens if you don’t have an Enduring Power of Attorney?

Not having an Enduring Power of Attorney in place leaves you open to being at the hands of others when it comes to decisions on your financial well-being and your welfare.

We often see family disputes arising from not having an Enduring Power of Attorney in place, as children and other loved ones can differ on what is best for you.

Cases like this often end in court, with a court-appointed decision-maker in place.

Making an Enduring Power of Attorney can only be in your best interests, and you do not want someone you do not know making your decisions in the future.

Valerie Kearins Solicitors can give full advice and guidance on drawing up the Enduring Power of Attorney when needed.

FAQs about Enduring Power of Attorney

No, you do not need a solicitor to set an EPA up for you. You can log in to MyWelfare.ie and access the Decision Support Service to get working on the document.

Having a solicitor do the EPA for you means you are using their experience to make the document work for you.

Your solicitor will know you and your family and will always act in your best interests.

The process only needs to take a few days to draw up the document, but it can take longer to get all the paperwork in place, such as the solicitor and doctor statements.

You have three months from when you sign the EPA to register it with the Decision Support Service.

No, an Enduring Power of Attorney is for anyone who feels that they may be unable to make decisions on their welfare in the future.

Whilst it is recommended that all older people have an EPA in place, it is a good idea to register one if you have a diagnosis of a degenerative brain condition such as Parkinson’s Disease or a form of dementia.

Contact Valerie Kearins to arrange your Enduring Power of Attorney

Contact Valerie Kearins Solicitors to arrange your Enduring Power of Attorney document today.

Even if you are only thinking about beginning the process, we can be of help to you.

At Valerie Kearins Solicitors we have the experience of drawing up an Enduring Power of Attorney and in dealing with the Decision Support Service.

Contact Valerie Kearins Solicitors today for all your Enduring Power of Attorney needs.

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