Enduring Power of Attorney

Currently in Ireland if, as a result of illness or accident, you become mentally incapacitated all of your assets and properties are frozen and cannot be accessed by anyone unless and until you become a Ward of Court.

Once you become a Ward of Court, the Court will take control of all of your assets and make decisions on your behalf.

An Enduring Power of Attorney on the other hand allows you appoint someone of your choice to control your affairs, should you become mentally incapacitated, eg. as a result of dementia, alzheimers disease or brain injury. The creation of an Enduring Power of Attorney does not have any effect on your current personal situation. At this stage the document is in existence but has no effect.

Effects of an Enduring Power of Attorney

The Enduring Power of Attorney can only come into effect if you become mentally incapacitated and only then when it has been registered by your Attorney in the High Court on foot of a doctor’s report as to your mental incapacity.

The Enduring Power of Attorney can be revoked by you at any time up to the date of registration. It can also be revoked after registration but only on application to the Court.
The execution of an Enduring Power of Attorney is a sensible and necessary step for an individual to take in order to safe-guard their future requirements.

An Enduring Power of Attorney ceases on your death. On your death your estate will then dealt with according to the terms of your Will or according to the rules on intestacy if you have no Will.