An Enduring Power of Attorney (EPOA) is a legal document you can sign to give a nominated person (Attorney) power to make decisions or sign documents on your behalf should you lose capacity in the future.
The EPOA sets out who the Attorney is (may be more than one) and the scope of the powers they will have.
It must be signed by you. There is a separate section to be signed by the Attorney as well as a section to be signed by a doctor and your Solicitor to confirm your capacity to execute the document. A notice that the EPOA has been executed must also be served on 2 nominated parties.
If you lose capacity at a later stage and cannot manage your own affairs, the EPOA must be registered in the High Court based on appropriate medical evidence before the Attorney can invoke the powers contained therein. There is a separate process and cost involved for registration of an EPOA.
If you have any queries regarding an Enduring Power of Attorney, please do not hesitate to contact us and we would be delighted to advise on the process.
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Tel: (01) 8312470