Everything You Need To Know About Appointing An Enduring Power Of Attorney
- Breen Walsh Solicitors
- Jan 24, 2023
- 3 min read
Ever wondered what will happen to everyone and everything you care about if you become mentally incapacitated? To prepare for the possibility when you are no longer able to make decisions for yourself, you need to make an Enduring Power of Attorney. Hiring specialist solicitors with vast experience in drafting and registering enduring power of attorney in Cork can be the key to getting expert advice about your future legal planning.
You might be familiar with a general Power of Attorney which allows someone to make decisions on your behalf for a while, provided you still have the legal capacity to make those decisions. An Enduring Power of Attorney differs in that it operates particularly if and when you do not have the capacity to make decisions. Making sure your EPA is drafted correctly means you know that your best interests will be taken care of even if the worst happens.
The article below breaks down all you need to know about an enduring power of attorney.
What Is An Enduring Power Of Attorney?
An Enduring Power of Attorney (EPA) is a legal document that lets a person (the Donor) choose who looks after his/her personal and financial matters if he/she becomes mentally incapacitated. The relevant legislation here is the Powers of Attorney Act 1996 and the Enduring Power of Attorney Regulations (S.I. 196/1996). The power comes into effect only when the Donor loses the mental capacity to manage their affairs, at which time, the Attorney should apply for EPA registration.
The EPA grants general authority to the Attorney relating to all of the Donor’s affairs and property, or might just give authority to do specific acts on the behalf of the Donor. Also, authority can be given regarding healthcare decisions. You might nominate any or each of these areas as areas where your enduring attorney can make decisions on your behalf.
Why Should You Consider Having An Enduring Power Of Attorney In Cork?
Having an EPA in place gives the individual you nominate the authority to make decisions on your behalf at any point of time in the future. You can easily nominate who makes these decisions, what decisions can be made, and what to consider in making any specific decision. Also, you can decide when they may start making decisions on your behalf and if there will be any limitations to making decisions. Above everything else, having an enduring power of attorney means that you have appointed someone to make important decisions in the way that you would want them to be made.
Also read:
How To Appoint An EPA For Yourself?
An Enduring Power of Attorney is as important as a Will and for this reason, experts recommend you obtain legal advice for helping you draft it according to your wishes. The best solicitors in Cork can walk you through the process, thus ensuring that your EPA gives your nominated attorney the power they need for making decisions on your behalf.
Can An EPA Be Appointed For A Specific Purpose Only?
You can place conditions or limitations on the authority of any or all the Attorneys you appoint. For instance, you can limit your Attorney’s authority to act on your behalf only in matters of property or require that they consult with one of your family members before exercising their authority. Also, you may nominate an Attorney for a specific purpose like paying a specific bill, or a class of events like paying bills in general.
Conclusion:
An EPA is a powerful legal document that enables a person to future plan their legal situation for a period when help might be needed across various situations and decisions. In short, an Enduring Power of Attorney in Cork gives you the perfect opportunity to plan and puts you in control of your future planning.
Comments