Enduring Powers of Attorney Guidelines for - Inclusion Ireland 2025

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You can choose a person (your attorney) to make decisions on your behalf if you are no longer able to in the future, by making an enduring power of attorney. The arrangement must be in writing and must be signed by you and your attorney. The arrangement needs to be witnessed by two other people.
An enduring power of attorney is a legal document that you make to give another person the authority to make financial decisions on your behalf. The document: is written when you are capable of making your own decisions. states when the person will have authority.
An Enduring Power of Attorney is a legal document that only takes effect when you lose capacity. The Assisted Decision Making Capacity Act 2015 which came into force on 26 April 2023 governs the area of EPAs. An EPA made on or after the 26 April 2023 must be registered with the DSS.
The Irish legislation stipulates two types of power of attorney: power of attorney given in a specific/general situation; enduring power of attorney, applicable when the donor becomes incapacitated.
(1) An enduring power may confer general authority (as defined in subsection (2)) on the attorney to act on the donors behalf in relation to all or a specified part of the property and affairs of the donor or may confer on the attorney authority to do specified things on the donors behalf and the authority may, in
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The Enduring Power of Attorney only comes into effect when it has been registered. The Attorney/s must apply to the Registrar of Wards of Court for registration, once medical evidence has been obtained, confirming that the Donor is, or is becoming, mentally incapable of managing his/her affairs.
There are two types of powers of attorney: Power of attorney - which gives either a specific or general power, and ceases once the donor becomes incapacitated. Enduring power of attorney - which takes effect if the donor becomes mentally incapable of managing his or her own affairs.
In California, there are four main types of POAs, each offering a specific scope of decision-making power: general, durable, limited, and medical.

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