An Enduring Power of Attorney (EPA) allows you to choose someone you trust to help manage your affairs if you become unable to make certain decisions in the future.
Many people put an EPA in place for peace of mind. It can make things much easier for family members if illness, dementia, or an accident affects your ability to manage things later in life.
This guide explains how EPAs work in Ireland, what they cover, and how to put one in place.
If you would prefer to talk it through with a solicitor, our Assisted Decision-Making team in Rathfarnham regularly advises clients on setting up EPAs and the wider capacity framework.
What is an Enduring Power of Attorney?
An Enduring Power of Attorney is a legal document that lets you appoint someone you trust to act on your behalf if you become unable to make certain decisions in the future.
Creating an EPA does not take control away from you. You continue making your own decisions unless your circumstances change later on.
Without an EPA in place, loved ones may need to go through a court process to get authority to act for you.
EPA vs Ordinary Power of Attorney: What’s the Difference?
An ordinary Power of Attorney is usually temporary and often used for specific tasks, such as dealing with property matters while someone is abroad.
It ends if the person who created it loses the ability to make decisions.
An Enduring Power of Attorney is different because it is designed for future planning and stays in place if capacity is later lost.
What Changed Under the Assisted Decision-Making Act?
The Assisted Decision-Making (Capacity) Act 2015 updated how Ireland deals with decision-making and capacity issues.
Some of the main changes include:
- The Decision Support Service (DSS) now oversees and registers EPAs
- Capacity is assessed based on the specific decision being made at that time, rather than using an “all or nothing” approach
- The old Wards of Court system is being phased out
- Older EPAs remain valid, but all new EPAs must follow the 2015 Act
- Greater emphasis is now placed on respecting a person’s wishes and helping them make their own decisions for as long as possible
The overall aim is to support people in staying involved in decisions affecting their lives for as long as they can.
EPAs are just one part of the wider assisted decision-making system in Ireland. There are also other arrangements available depending on a person’s needs and circumstances.
Who Should You Choose as Your Attorney?
Most people appoint:
- A spouse or partner
- An adult child
- A sibling
- A close friend
Some people appoint two attorneys or choose a backup person.
Whoever you choose should be someone reliable, organised, and capable of handling important decisions.
Your attorney must act in your best interests and respect your wishes.
What Can Your Attorney Help With?
An EPA can cover:
Financial and Property Matters
- Managing bank accounts
- Paying bills
- Dealing with property
- Handling pensions or investments
Personal Welfare Decisions
- Care decisions
- Living arrangements
- Day-to-day wellbeing
- Certain healthcare decisions
You can give your attorney broad authority or limit what they can make decisions about.
How to Set Up an EPA: Step by Step
Setting up an EPA usually involves five main steps:
- Speak with a solicitor
- Complete a medical capacity assessment
- Sign the EPA documents
- Notify certain family members
- Register the EPA with the Decision Support Service
Once registered, the EPA is there if it is ever needed in the future.
What Happens if There Is No EPA in Place?
If someone loses the ability to manage their affairs without an EPA in place, family members may need to apply to court for authority to act.
This process can be stressful, time-consuming, and expensive.
An EPA allows you to make these decisions in advance.
Can an EPA Be Changed or Cancelled?
You can revoke an EPA at any time while you have capacity to do so. Once an EPA has been activated because of loss of capacity, it can only be revoked or varied with the involvement of the DSS or the courts.
This is one reason why thinking carefully about who to appoint, and including any specific conditions, is so important from the outset.
Costs and Timeframes
Costs for creating an EPA include legal fees, the medical practitioner’s capacity assessment, and the DSS registration fee.
Timelines vary depending on availability of capacity assessments and DSS processing, but most EPAs can typically be created and registered within a few weeks of instruction.
Planning Ahead Gives Peace of Mind
An EPA is one of the most thoughtful gifts you can give your family. It removes uncertainty, avoids court applications, and ensures that the people who know you best can act for you when it matters most.
If you would like to discuss putting an EPA in place, or you have questions about the new Assisted Decision-Making framework, please get in touch with our team in Rathfarnham.
You can also find out more about our wills and estate planning services, and we’ve also written more about what to consider when making a will.
If you are thinking about these issues in the context of an older relative, our guide on ensuring loved ones have the right legal plans in place may also be helpful.
