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.
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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:
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.
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:
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:
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
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 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
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.