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Mcgrath Mullan Solicitors Dublin

Enduring Power of Attorney

A Power of Attorney is a legal document where a Donor gives another person, their Attorney, the power to make decisions and execute legal documents on their behalf.

An Enduring Power of Attorney is different in that it will only come into effect when the Donor has lost capacity to manage their own affairs.

The process in relation to putting in place an Enduring Power of Attorney (“EPA”) has changed as a result of the Assisted Decision-Making (Capacity) act 2015 (as amended) (ADM(C)A) which commenced on the 26th April 2023.

It is important to note that if you made a valid EPA prior to the 26th April 2023, then these changes will not impact your EPA and it will continue to be dealt with under the previous system.

EPAs made after the 26th April 2023 will now be made under the Assisted Decision-Making Capacity Act 2015. This allows the Donor to create an account on the Decision Support Services (“DSS”) online portal where the application can be completed and submitted along with all supporting documentation which are generated through the portal itself. In circumstances where the online portal cannot be used, there is a non-digital process however this increases the timeframe of completion as there are a greater number of steps. The monitoring and registration of EPAs will now be done by the Decision Support Services.

There are now strict registration requirements as EPAs must be registered with the DSS while you have capacity and within 3 months of the execution date.

Once the EPA is registered, it will only come in to effect after capacity is lost to make the decisions as set out in the EPA. It is at this stage the Attorney notifies the DSS.

As your Solicitors we will be able to guide you through the process from start to finish, including providing the necessary legal statements, as well be able to assist your Attorney with the required steps to notify the DSS and bring the EPA into effect if required as well as their enhanced reporting obligations required by the DSS.

It would be important to consult with us before initiating steps on the online portal.

If you would like more information on the above or would like our assistance with your own EPA application, please do not hesitate to contact our highly experienced team at 01 873 5012 or and we would be glad to assist you.

Author Bio

Alexandra Lowry

Alexandra Lowry, Solicitor, can assist you in conveyancing matters, personal injury and civil litigation in Ireland. Contact Alexandra if you would like assistance with any of these matters. or +353 (0) 1 873 5012

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Mcgrath Mullan Solicitors Dublin

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